Legal Opinion

Made From Scratch, Inc. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 13, 1994PublishedCited by 5 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered June 21, 1993, which granted the corporate defendants’ motion to dismiss the complaint due to plaintiffs lack of standing to seek judicial review of the City Planning Commission’s ("CPC”) approval of plans to modify a building at 550 Madison Avenue, unanimously affirmed, without costs.

While a presumption of standing exists since plaintiff is a tenant at 550 Madison Avenue, said presumption was rebutted under the circumstances (Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406, 413-414). Plaintiffs…

2Cases cited3 opinions

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
  3. Har Enterprises v. Town of BrookhavenNew York Court of Appeals · 1989

3Cited by5 opinions

  1. Stuttering Foundation, Inc. v. Glynn CountySupreme Court of Georgia · 2017
  2. Fox v. FavreAppellate Division of the Supreme Court of the State of New York · 1995
  3. Matter of Clean Air Coalition of W. N.Y., Inc. v. New York State Pub. Serv. CommissionAppellate Division of the Supreme Court of the State of New York · 2024
  4. Matter of Clean Air Coalition of W. N.Y., Inc. v. New York State Pub. Serv. CommissionAppellate Division of the Supreme Court of the State of New York · 2024
  5. The STUTTERING FOUNDATION OF AMERICA, INC. v. GLYNN COUNTYSupreme Court of Georgia · 2017

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