PELHAM v. BD. OF TRS.


77 N.Y.2d 66 (1990)

In the Matter of Pelham Esplanade, Inc., Respondent, v. Board of Trustees of the Village of Pelham Manor, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1990.


Attorney(s) appearing for the Case

Charles B. McGroddy for appellant.

Lawrence Dittelman for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

Property owner Pelham Esplanade, Inc. (Esplanade) sought annulment of a determination of the appellant Board of Trustees of the Village of Pelham Manor (Village) denying its application to reconstruct a nonconforming multiple-family dwelling which was destroyed by fire. The dwelling was one of two apartment buildings located on Esplanade's property. The Board denied the application based on the provision...

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