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MATTER OF OFF SHORE REST. CORP. v. LINDEN

36 A.D.2d 948 (1971)

In the Matter of Off Shore Rest. Corp., Respondent, v. David Linden, as Building Commissioner of The City of Long Beach, et al., Appellants

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

May 3, 1971

Judgment affirmed, without costs, on the opinion of the Special Term.

Gulotta, J., dissents and votes to reverse the judgment, dismiss the proceeding and to confirm the determination of the appellant Board of Appeals, with the following memorandum, in which Latham, J., concurs:

Petitioner, the purchaser of a building containing an apartment in the rear and a store which was formerly operated as a delicatessen...

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