Yates Construction Corp. v. G. N. G. Bldg. Corp.

On this application defendants move for summary judgment, to dismiss both causes of action alleged in the complaint and to cancel a lis pendens. Plaintiff is the owner of an apartment building at 1150 Pelham Parkway in *691The Bronx, New York. Defendants purchased the adjacent land for the purpose of erecting an apartment house thereon. The zoning ordinance applicable to one third of the frontage of defendants’ property prohibited the erection of the proposed building. Defendants, however, obtained a variance from the zoning ordinance from the Board of Standards and Appeals on July 8, 1958, and…