Mary Chess, Inc. v. Stanco

This is an article 78 proceeding which seeks an order directing the Building Inspector to issue a building permit to petitioner.

Upon the argument respondent submitted a carbon copy of a notice of cross motion to compel petitioner to serve an amended petition with numbered paragraphs as required by rule 90 of the Rules of Civil Practice. Petitioner consented that this be considered by the court.

However, there is an original answer in which respondent appears to have handled this difficulty by denying everything in the petition. There are also 10 affirmative defenses consisting of new matter…