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MATTER OF SMITH v. M. SPIEGEL & SONS, INC.

31 A.D.2d 819 (1969)

In the Matter of Hyman H. Smith et al., Petitioners, v. M. Spiegel & Sons, Inc., et al., Respondents. (Action No. 1.) In the Matter of M. Spiegel & Sons Oil Corp., Respondent, v. Department of Buildings of the City of New York, Appellant. (Action No. 2.)

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

February 13, 1969

Petitioner M. Spiegel & Sons Oil Corp. purchased the premises on Surf Avenue, Brooklyn, New York, in June, 1967, with the intent to construct thereon a gasoline service station, a permitted use at the time. In August, 1967, it applied for a permit to demolish four of the six two-story frame houses on the property. The demolition permit was issued in the same month; all six of the buildings were demolished in September, 1967, after notice given by appellant, the Department...

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