[DOWNLOAD] "Matter South Path Realty Corp. v. Charles B. Howe" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Matter South Path Realty Corp. v. Charles B. Howe
• Author : Supreme Court of New York
• Release Date : January 06, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Although, in our opinion, Special Term erred in treating the structures of the contemplated garden apartment development as
distinct units instead of as an integrated whole (see City of Buffalo v. Chadeayne, 134 N. Y. 163; Matter of Harris v. Coffey,
6 A.D.2d 898; Telimar Homes v. Miller, 14 A.D.2d 586), it is nevertheless our view that Special Term properly denied the application
as to two of the three building permits. In our opinion, the initial representation made by petitioner in applying for a change
of zoning, that the proposed project would not exceed 60 units, was a material one, and respondent was not estopped from seeking
to hold petitioner to its original statement of intent. Accordingly, respondent, having acted promptly, was justified in requesting
a halt in construction and thereafter revoking the two permits which Special Term has refused to restore (cf. Town of Greenburgh
v. Buser, 285 App. Div. 1090). Disposition Judgment affirmed insofar as appealed from, with costs.

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