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MTR. OF OVERHILL BLDG. CO. v. DELANY

28 N.Y.2d 449 (1971)

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.

Court of Appeals of the State of New York.

Decided May 26, 1971.

Attorney(s) appearing for the Case

Foster E. Vogel for appellants.

William W. Owens for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur.

SCILEPPI, J.

The question raised in this appeal is whether the courts below have properly annulled a determination of the Board of Appeals of the Village of Scarsdale denying respondent's application for a variance, and directed issuance of a building permit.

Respondent, Overhill Building Company, is the owner of a four-story building, constructed in 1955, in a Business A zone of the Village of Scarsdale...

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