Pansa v. Sitrin

Order unanimously reversed, without costs, and motion granted, without costs. Memorandum: Special Term has denied a motion by defendant city for dismissal of the complaint and the cross claim asserted in the answer of the defendant Sitrin, made on the ground that each fails to state a cause of action. The complaint alleges that plaintiffs are owners of residential property in the City of Utica which is zoned A-2 two-family dwelling district (facing Rose Place) and that defendant is the owner of abutting property which contains a multiple story commercial building and which is zoned…