[Download] "Matter Prudco Realty Corp. v. Gerald E. Palermo Et Al." by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Prudco Realty Corp. v. Gerald E. Palermo Et Al.
- Author : Court of Appeals of New York
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Petitioner commenced this article 78 proceeding to review a determination of the zoning board of appeals (Board) that granted an application of the intervenor-respondent-appellant, S. F. Shopping Center, Inc., for a certificate of existing use for the operation of a gasoline service station. S. F. Shopping Center, Inc., interposed its answer on August 20, 1981, without asserting the petitioners lack of standing to challenge the Boards determination pursuant to CPLR 3211 (subd [a], par 3). Inasmuch as CPLR 3211 (subd [e]) provides that such a defense is waived if not raised either by motion or in the responsive pleading, S.F. Shopping Center, Inc., must be deemed to have waived its objection to petitioners standing. We note parenthetically that only the respondent board of appeals filed an amended answer pursuant to CPLR 3025 (subd [a]) and no standing objection was raised there either.
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