MATTER OF G. M. L. LAND CORP. v. FOLEY


20 A.D.2d 645 (1964)

In the Matter of G. M. L. Land Corp., Respondent, v. Max H. Foley et al., Constituting The Board of Standards and Appeals of the City of New York, Appellants, and Raymond Firestone et al., Intervenors-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 6, 1964


Order reversed on the law, with costs; the board's motion to dismiss the petition granted; and petition dismissed. No questions of fact were considered.

On November 16, 1961 the petitioner obtained a building permit to erect a shopping center on its property. The provisions of the then Zoning Resolution allowed the use of the property for such a purpose. At that time, however, the property was burdened with a restrictive covenant to which the petitioner was bound...

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