Eberhart v. La Pilar Realty Co.

Order, Supreme Court, New York County, entered January 23, 1974, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs and without disbursements, respondent-appellant’s motion to dismiss granted, and the petition dismissed. Respondent-appellant, constructors of an apartment building, had applied to respondent Board of Standards and Appeals for a variance in respect of required rear yard set-backs, of which application petitioners-respondents, as adjoining property owners, were duly notified. They appeared before the board and objected. The board…