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359 West 34th Street, Inc. v. Board of Standards & Appeals

279 A.D. 1032 Court N.Y. App. Div. Decision date 1952-04-21 English

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p. 1032
359 West 34th Street, Inc., et al., Respondents, v. Board of Standards and Appeals of the City of New York et al., Appellants, and Helen Horemiotes, Intervener, Appellant.

The proof as set forth by the board of standards and appeals in its resolution and its return warranted the determination of the board. (Matter of Douglaston Civic Assn. v. Board of Standards & Appeals of City of N. Y., 278 App. Div. 659 ; Matter of Sima v. Board of Standards & Appeals of City of N. Y., 278 App. Div. 785 ; Matter of Kelly v. Murdock, 275 App. Div. 786 .) Nolan, P. J., Carswell, Adel and Schmidt, JJ., concur; Wenzel, J., dissents and votes to affirm.