South Path Realty Corp. v. Howe

In a proceeding pursuant to article 78 of the CPLR to review respondent’s rescission of three building permits, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County, dated February 14, 1969, as denied the application as to two of the permits. Judgment affirmed insofar as appealed from, with costs. Although, in our opinion, Special Term erred in treating the structures of the contemplated garden apartment development as distinct units instead of as an integrated whole (see City of Buffalo v. Chadeayne, 134 N. Y. 163; Matter of Harris v.…