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CITY OF NEW YORK v. SHACK

286 A.D.2d 240 (2001)

729 N.Y.S.2d 37

CITY OF NEW YORK et al., Appellants, v. LOVE SHACK et al., Respondents.

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

Decided August 9, 2001.

In January 1999, defendants applied for a building permit, under a self-certification procedure, to renovate a warehouse on Provost Avenue in the Bronx into retail premises. The application failed to disclose defendants' intention to use this property as an adult book store, to which certain restrictions would have applied.

The New York City Department of Buildings (DOB) has a published policy (Operations Policy and Procedure Notice [OPPN] No. 6/96) that makes the...

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