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TOYS "R" US v. SILVA

167 Misc.2d 897 (1996)

639 N.Y.S.2d 881

Toys "R" Us, Petitioner, v. Gaston Silva, as Chairman of City of New York Board of Standards and Appeals, et al., Respondents.

Supreme Court, New York County.

January 18, 1996

Attorney(s) appearing for the Case

Fischbein, Badillo, Wagner & Itzler, New York City (Richard Fischbein, Howard B. Hornstein, Jonathan Young and Andrew Messite of counsel), for petitioner. Paul A. Crotty, Corporation Counsel of New York City (Gabriel Taussig, Albert G. Fredericks and Robin Binder of counsel), for respondents. Jack L. Lester New York City, for Neighbors-R-Us, intervenor.

DAVID B. SAXE, J.

In this CPLR article 78 proceeding, petitioner Toys "R" Us asks this court to reinstate a permit issued by the Department of Buildings of the City of New York (DOB), which authorized Toys "R" Us to construct and operate a three-story, 38,000-square-foot retail toy store at Third Avenue and 80th Street in Manhattan. If this relief is granted, this court would be required to set aside the determination...

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