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SoHo ALLIANCE v. BD. OF STDS.

264 A.D.2d 59 (2000)

703 N.Y.S.2d 150

In the Matter of SoHo ALLIANCE et al., Respondents, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Appellants.

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

February 24, 2000.

Attorney(s) appearing for the Case

Jack L. Lester for respondents.

Linda H. Young of counsel (Elizabeth S. Natrella and Deborah Rand on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for Board of Standards and Appeals, appellant.

Gil Feder of counsel (Richard S. Fischbein on the brief; Fischbein, Badillo, Wagner, Harding, attorneys), for Broadway HS Corp. and others, appellants.

SULLIVAN, P. J., and MAZZARELLI, J., concur with FRIEDMAN, J.; TOM and RUBIN, JJ., dissent in a separate opinion by TOM, J.

OPINION OF THE COURT

FRIEDMAN, J.

This appeal concerns the propriety of variances granted for two neighboring lots in Manhattan, one located at 19/35 West Houston Street and the other at 55 West Houston Street. From the early 1900's until 1951, 19/35 West Houston Street was occupied by a four-story light industrial factory with retail space on the ground floor. The occupancy of 55 West Houston Street was similar. Prior to 1963, the buildings on these properties...

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