Legal Opinion

De Marco v. Fitzgerald

New York Supreme Court

Decided August 12, 1959PublishedCited by 4 opinions

1Opinion of the CourtFrank A. Gulotta, J.

This is an article 78 proceeding to review the revocation of a building permit issued to the petitioners on March 10, 1959 and thereafter revoked on April 12, 1959 by a newly appointed Building Inspector, after petitioner *458has all but completed a house pursuant to the permit, at a cost in excess of $20,000.

The alleged grounds for the revocation are false and misleading statements made in the application for the permit, of which there is not a scintilla of proof in the record and violation of the Building and Zoning Ordinance, which will be treated with in detail later.

To sustain the charge of…

2Cases cited3 opinions

  1. Matter of Monument Garage Corp. v. LevyNew York Court of Appeals · 1935
  2. City of New York v. Caulwal Construction Co.Appellate Division of the Supreme Court of the State of New York · 1932
  3. City of New York v. Caulwal Construction Co., Inc.New York Court of Appeals · 1933

3Cited by4 opinions

  1. Suburban Club of Larkfield, Inc. v. Town of HuntingtonNew York Supreme Court · 1968
  2. Setauket Development Corp. v. RomeoNew York Supreme Court · 1962
  3. De Marco v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1960
  4. Lopes v. Fire Board of AppealsNew York Supreme Court · 1976

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