Ellentuck v. Klein

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Standards and Appeals of the City of New York, made on March 25, 1975, after a hearing, which granted the application of respondent Kimball Construction Co., Inc., for a variance permitting the maintenance of an existing four-story frame building as a multiple dwelling in an R-2 district, upon stated conditions. Determination confirmed and proceeding dismissed on the merits, with one bill of costs to respondent Kimball payable by petitioners. Expenditures made in good faith reliance on a subsequently invalidated…