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UOB Realty (USA) Ltd. v. Chin

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 2002
291 A.D.2d 248 (N.Y. App. Div. 2002)

Opinion

203

February 7, 2002.

Determination of respondent New York City Board of Standards and Appeals, dated August 8, 2000, which granted respondent building owner's application for a variance, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [William Davis, J.], entered November 9, 2000), dismissed, without costs.

ROBERT E. CROTTY, for petitioners.

RONALD E. STERNBERG ERIC S. PALATNIK, for respondents.

Before: Williams, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.


The Board's finding that the minimum variance necessary to remedy the subject premises' inefficient elevator service is a new elevator bank to be contained in an external tower in the building's rear yard is supported by substantial evidence of a unique physical condition rendering it impractical to install a new elevator bank in the premises' interior space, namely, the construction of a large portion of the premises on pilings. We reject petitioners' contention that the requirement of "unique physical conditions" in New York City Zoning Resolution § 72-21(a) refers only to land and not buildings (cf.,e.g., Matter of SoHo Alliance v. New York City Bd. of Standards Appeals, 95 N.Y.2d 437, 440-441). We have considered petitioners' other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

UOB Realty (USA) Ltd. v. Chin

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 2002
291 A.D.2d 248 (N.Y. App. Div. 2002)
Case details for

UOB Realty (USA) Ltd. v. Chin

Case Details

Full title:IN RE APPLICATION OF UOB REALTY (USA) LIMITED, ET AL., PETITIONERS, FOR A…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 7, 2002

Citations

291 A.D.2d 248 (N.Y. App. Div. 2002)
736 N.Y.S.2d 874

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