Allen v. Adami

— In a proceeding pursuant to CPLR article 78 to review a determination of respondent board of zoning appeals, dated December 12, 1973, which denied petitioners’ application for a statutory exception, petitioners appeal from a judgment of the Supreme Court, Westchester County, dated June 7, 1974, which dismissed the petition. Judgment reversed, on the law, without costs, and petition granted. We are unable to agree with Special Term and the board of zoning appeals that a dual test is created by a zoning ordinance which permits an exception for .a "lot owned , individually and separately, and…