MATTER OF C & B REALTY #3, LLC v. VAN LOAN

2019-09903. Index No. 976/18.

208 A.D.3d 778 (2022)

173 N.Y.S.3d 637

2022 NY Slip Op 05036

In the Matter of C & B Realty #3, LLC, Respondent, v. Arlene Van Loan et al., Appellants.

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

Decided August 24, 2022.


Attorney(s) appearing for the Case

Walsh Markus McDougal & DeBellis, LLP, Garden City, NY ( Matthew G. White of counsel), for appellants.

Thomas A. Abbate, P.C., Plainview, NY, for respondent.

Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner owns property in the Town of Oyster Bay, on which it operates a shopping center. In 2014, the petitioner received a building permit to construct additional commercial space in the parking lot of the premises, which permit was renewed several times. The petitioner finally commenced work on the project in 2017. Shortly thereafter, the...

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