MATTER OF CELANI v. MARCONI


256 A.D.2d 1064 (1998)

682 N.Y.S.2d 754

In the Matter of DANIEL J. CELANI et al., Respondents-Appellants, v. ANTHONY A. MARCONI, as Commissioner of City of Buffalo Department of Inspections and Community Revitalization, et al., Appellants-Respondents. (Appeal No. 2.)

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

Decided December 31, 1998.


Judgment unanimously reversed on the law without costs and complaint dismissed.

Memorandum:

Plaintiffs were owners of a two-family dwelling in the City of Buffalo. While attempting to sell their home in April 1993, plaintiffs were cited by defendants for maintaining an illegal apartment on the third floor. That citation was issued despite the fact that in 1985 it was judicially determined that a previous owner's use of the third floor as an apartment was a...

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