MTR DEFAY v. ENVTL. BD.


114 A.D.2d 1 (1986)

In the Matter of Elaine DeFay, Respondent, v. City of New York Environmental Control Board, Appellant

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

January 23, 1986


Attorney(s) appearing for the Case

Trudi Mara Schleifer of counsel (Francis F. Caputo with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

Morgan Kennedy of counsel (Leonard Goldstein, attorney), for respondent.

SANDLER, J. P., FEIN, ROSENBERGER and ELLERIN, JJ., concur.


MILONAS, J.

Petitioner is the owner of the premises at 285 Fountain Avenue in Brooklyn. Although she purchased the building in December of 1977, no one lived there from that date until December of 1981 when renovation work was completed. Petitioner had resided at 278 Fountain Avenue since 1973 and also owned the premises at 289 Fountain Avenue but claims to have sold this latter property in February of 1979. Between...

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