Smith v. M. Spiegel & Sons, Inc.

—• Judgment of Supreme Court, Kings County, dated January 12, 1968, reversed insofar as appealed from, on the law, with costs to appellant against petitioner M. Spiegel & Sons Oil -Corp., and Action No. 2 dismissed. Appeal from order of said court dated June 5, 1968 dismissed as academic in view of the determination on the appeal from the judgment, without costs. Petitioner M. Spiegel & Sons Oil Corp. purchased the premises on Surf Avenue, Brooklyn, New York, in June, 1967, with the intent to construct thereon a gasoline service station, a permitted use at the time. In August, 1967, it…