MATTER OF WARD v. BENNETT


214 A.D.2d 741 (1995)

625 N.Y.S.2d 609

In the Matter of John A. Ward et al., Appellants, v. Roger Bennett et al., Respondents

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

April 24, 1995


Ordered that the order and judgment is reversed insofar as appealed from, with costs, the branch of the petitioners' motion which was for leave to amend their pleadings is granted and the cross motion is denied; and it is further

Ordered that the proceeding is converted into an action for a judgment declaring that the denial of the petitioners' application for a permit pursuant to General City Law § 35 constituted a taking without just compensation; and it is...

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