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MATTER OF BATH BEACH HEALTH SPA OF PARK SLOPE, INC. v. BENNETT

176 A.D.2d 874 (1991)

In the Matter of Bath Beach Health Spa of Park Slope, Inc., Doing Business as Park Slope Fitness Center, et al., Appellants, v. Roger Bennett, as Chairman of The Board of Standards and Appeals of the City of New York, et al., Respondents

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

October 21, 1991

Ordered that the judgment is affirmed, with costs.

On March 20, 1986, the petitioners applied to the Board of Standards and Appeals (hereinafter the Board) for a use variance which would permit the cellar of the premises to be used for the nonconforming use of a health club. The Board denied the application, concluding that the petitioners had failed to demonstrate, as required by the New York City Zoning Resolution § 72-21, (1) the existence of unique physical...

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