Buttonwood Estates, Inc. v. City of New York

Appellate Division of the Supreme Court of New York

Buttonwood Estates, Inc. v. City of New York

37 A.D.2d 861, 326 N.Y.S.2d 996, 1971 N.Y. App. Div. LEXIS 3212

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 26, 1971

StatusPublished

This text of 37 A.D.2d 861 (Buttonwood Estates, Inc. v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buttonwood Estates, Inc. v. City of New York, 37 A.D.2d 861, 326 N.Y.S.2d 996, 1971 N.Y. App. Div. LEXIS 3212 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR inter alia to compel the issuance of certificates of occupancy, the appeal is from an order of the Supreme Court, Richmond County, dated August 19, 1970, which ordered the issuance of such certificates. Order reversed, on the law, without costs, and proceeding remanded to the Special Term for a hearing and a new determination. In our opinion, a hearing is required to resolve the following issues of fact: (a) Whether the Brookfield Avenue sewer is functioning properly and (b) whether petitioner Buttonwood is a party to the construction of an unauthorized Lamoka-Abington Sewer. Under the circumstances of this case, if these issues are resolved in favor of petitioners, we deem them to be entitled to the issuance of certificates of occupancy. Rabin, P. J., Hopkins, Munder, Gulotta and Brennan, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR inter alia to compel the issuance of certificates of occupancy, the appeal is from an order of the Supreme Court, Richmond County, dated August 19, 1970, which ordered the issuance of such certificates. Order reversed, on the law, without costs, and proceeding remanded to the Special Term for a hearing and a new determination. In our opinion, a hearing is required to resolve the following issues of fact: (a) Whether the Brookfield Avenue sewer is functioning properly and (b) whether petitioner Buttonwood is a party to the construction of an unauthorized Lamoka-Abington Sewer. Under the circumstances of this case, if these issues are resolved in favor of petitioners, we deem them to be entitled to the issuance of certificates of occupancy. Rabin, P. J., Hopkins, Munder, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 861, 326 N.Y.S.2d 996, 1971 N.Y. App. Div. LEXIS 3212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buttonwood-estates-inc-v-city-of-new-york-nyappdiv-1971.