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MATTER OF FLUSHING PROP. OWNERS ASS'N, INC. v. PLANNING COMM'N OF THE CITY OF NEW YORK

43 A.D.2d 515 (1973)

In the Matter of Flushing Property Owners Association, Inc. et al., Respondents, v. Planning Commission of the City of New York et al., Respondents, and Leonard Litwin et al., Appellants

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

November 1, 1973

We are persuaded that Special Term was correct. The approval granted by the City Planning Commission for the building permit here challenged was clearly violative of the restrictive declaration executed and delivered to the City Planning Commission, placed upon record of the Board of Estimate, and thereafter filed and recorded in the office of the City Register of Queens County, all as a condition to the reclassification of the developer's property to another zoning category...

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