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BELLA VISTA APT CO v. BENNETT

89 N.Y.2d 465 (1997)

678 N.E.2d 198

655 N.Y.S.2d 742

In the Matter of Bella Vista Apartment Co. et al., Respondents, v. Roger H. Bennett et al., Constituting the Board of Standards and Appeals of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 6, 1997.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Fay Ng and Pamela Seider Dolgow of counsel), for appellants.

No appearance for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur; Judge TITONE taking no part.

BELLACOSA, J.

Petitioner, Bella Vista Apartment Co., a real estate developer, planned to build a 14-floor apartment house on its residentially zoned Lot 186 in Queens. The lot fell short, however, of the requisite floor area ratio (FAR) and bulk zoning specifications (see, NY City Zoning Resolution § 23-141). The owner of the adjoining Lot 185 had secured...

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