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MATTER OF 58 QUEENS BLVD. FOOD CORP. v. BD. OF ESTIMATE OF THE CITY OF NEW YORK

84 A.D.2d 565 (1981)

In the Matter of 58 Queens Blvd. Food Corp., Respondent, v. Board of Estimate of the City of New York et al., Appellants, et al., Respondent

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

October 19, 1981

Judgment reversed, on the law, without costs or disbursements, the determination of the Board of Estimate is confirmed, and the proceeding is dismissed on the merits.

The Board of Estimate properly concluded that there was a lack of substantial evidence before the Board of Standards and Appeals to comply with subdivisions (a) and (b) of section 72-21 of the Zoning Resolution of the City of New York. As to subdivision (a), there was no demonstration of "unique physical...

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