MATTER OF OVERHILL BLDG. CO. v. DELANY


35 A.D.2d 1012 (1970)

In the Matter of Overhill Building Company, Respondent, v. Robert E. Delany et al., Constituting The Board of Appeals of the Village of Scarsdale, et al., Appellants

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

December 30, 1970


Judgment affirmed, without costs.

No opinion.

Martuscello and Benjamin, JJ., dissent and vote to reverse the judgment, to dismiss the proceeding on the merits, and to reinstate the determination of the Board of Appeals, with the following memorandum:

Petitioner owns an office building in the Business A zone of Scarsdale; it has garage space for 117 automobiles. In 1955, when the building was constructed, the zoning ordinance did not require any off...

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