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IN THE MATTER OF BROADWAY ENTERPRISES, INC. v. LUM

16 A.D.3d 413 (2005)

790 N.Y.S.2d 402

In the Matter of BROADWAY ENTERPRISES, INC., Appellant, v. AMY TOY LUM et al., Respondents.

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

March 7, 2005.

Ordered that the judgment is affirmed, with costs.

The petitioner and the respondents are the owners of adjoining properties. The petitioner obtained a permit from the New York City Department of Buildings to construct a three-family home on its property. The petitioner commenced this proceeding pursuant to RPAPL 881 to obtain a license to complete the underpinning of a foundation on the respondents' premises. The Supreme Court denied the petition and dismissed the...

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