Mulonet v. Lasky

In a proceeding under article 78 of the CPLR to annul a determination of the respondent Zoning Board of Appeals, dated May 28, 1970, denying an application to review a refusal to issue a building permit, petitioners appeal from a judgment of the Supreme Court, Rockland County, dated August 17, 1970, which granted respondents’ cross motion to dismiss the petition on the ground that the litigation is barred by the principle of res judicata. Judgment reversed, on the law, without costs, and motion to dismiss petition denied. Respondents’ time to answer the petition is extended until 20 days…