In re the City of New York

At the time the prior appeal in this proceeding was before this court, we reversed the final decree in so far as it denied the respondent herein compensation for a diner which had been erected within the area of the proposed widening of WThitlock avenue after the adoption of a map showing such proposed change. (Matter of City of New York [Southern Boulevard], 262 App. Div. 263.) We then held that since the diner had been erected pursuant to a permit granted by the department of buildings, the fact that said permit may have been irregularly issued did not make the structure illegal or preclude…