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VICTORY BOULEVARD ASSOCS. v. CITY OF NEW YORK

85 A.D.2d 725 (1981)

Victory Boulevard Associates, Respondent-Appellant, v. City of New York et al., Appellants-Respondents, and George Talaszek, Respondent

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

December 31, 1981

Judgment reversed, on the law, with costs, determination of the Board of Estimate reinstated, and proceeding dismissed on the merits. Cross appeal by petitioner dismissed, since it was not aggrieved by the judgment (CPLR 5511). Motion to dismiss the cross appeal dismissed as academic.

A question was raised by Victory as to the power of the Board of Estimate to review the grant or denial of variances. This question was the subject of a city-wide referendum that was...

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