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MATTER OF AVA LAND DEV., INC. v. CITY OF NEW YORK

160 A.D.2d 526 (1990)

In the Matter of Ava Land Development, Inc., et al., Appellants, v. City of New York et al., Respondents

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

April 19, 1990

Section 11-259 (c) of the Administrative Code of the City of New York expressly provides that application for ICIP benefits must be made to the Department of Finance prior to the issuance of a building permit authorizing construction work on the premises. Nine months prior to applying for ICIP benefits, petitioners obtained building permits permitting "excavation and construction" with the condition that they submit documentation that the ground had the bearing capacity to...

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