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Matter of Atlas v. Dick

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1949
275 App. Div. 670 (N.Y. App. Div. 1949)

Opinion

February 7, 1949.

Appeal from Nassau County.


Final order reversed on the law and the facts, with $50 costs and disbursements, and the application denied, without costs. Inconsistent findings are reversed and new findings will be made. The contractual obligations assumed by respondent after filing his application for a building permit and prior to the issuance thereof, were not such acts as to vest any rights which could not be defeated by the subsequent amendment of the local ordinance. ( Matter of Fox Lane Corp. v. Mann, 216 App. Div. 813, affd. 243 N.Y. 550.) The cases of Matter of Calton Court, Inc., v. Switzer ( 221 App. Div. 799) and Matter of Dubow v. Ross ( 254 App. Div. 706) are readily distinguishable. Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur. Settle order on notice. [ 192 Misc. 843.]


Summaries of

Matter of Atlas v. Dick

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1949
275 App. Div. 670 (N.Y. App. Div. 1949)
Case details for

Matter of Atlas v. Dick

Case Details

Full title:In the Matter of SOL ATLAS, Respondent, against JAMES K. DICK, as Building…

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

Date published: Feb 7, 1949

Citations

275 App. Div. 670 (N.Y. App. Div. 1949)

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