Lesron Junior, Inc. v. Feinberg

Valente, J. (dissenting).

Judgment dismissing the complaint should be affirmed. Defendants were entitled to the dismissal both under rule 112 and rule 113 of the Buies of Civil Practice because plaintiffs failed to exhaust the available administrative remedies before proceeding in this action for an injunction.

The essential facts are fully stated in the majority opinion. In essence, plaintiffs are suing to enjoin the defendants from erecting a building upon lots adjoining those of plaintiffs on *96the ground that such new building would violate height restrictions of subdivision (f) of section 8…