113 HILLSIDE AVE. CORP. v. VILL. OF WESTBURY


27 A.D.2d 858 (1967)

113 Hillside Avenue Corporation, Appellant, v. Village of Westbury et al., Respondents

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

March 27, 1967


Modified, on the law, by (1) striking out its first decretal paragraph, which granted defendants' motion to dismiss the complaint as to building permit No. 6578 and (2) substituting therefor a declaration that the issuance of said permit by the defendant Building Inspector of the defendant village was unauthorized and unlawful. As so modified, judgment affirmed insofar as appealed from, without costs.

The trial court's findings of fact are affirmed. The Board of Trustees...

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