Triborough Bridge & Tunnel Authority v. Foley

Valente, J. (dissenting).

In this proceeding under article 78 of the Civil Practice Act to review and annul the determination of the Board of Standards and Appeals (“Board”) in directing the issuance of a building permit, petitioner, Triborough Bridge and Tunnel Authority (“Triborough”) appeals from an order dismissing its petition and confirming the Board’s determination.

In June, 1961, the. Borough Superintendent of the Department of Buildings (Manhattan) denied the application of the owner of a plot of land on the northerly side of East 36th Street ■—• between Second and Third Avenues — for…