Development

In an action by neighbor against landowner and the city department of buildings, both parties appealed from Supreme Court's orders dismissing some, but not all, of neighbor's claims. The Appellate Division affirmed the order dismissing some of the claims, and revered the order declining to dismiss the remaining claims, holding that neighbor lacked standing to bring the action.

Landowner sought approval from the Department of Buildings to change the use of its property from manufacturing to retail and thereafter to build a large retail center on the property. The DOB approved the application and issued building permits. Neighbor, operator of a grocery store located 450 feet from landowner's parcel brought this action seeking damages and an injunction against landowner, and an injunction requiring DOB to revoke all permits. Neighbor contended that the project violated the New York City Zoning Resolution. Supreme Court denied neighbor's motion for a preliminary injunction, and granted DOB's motion to dismiss the complaint against it. At the same time, Supreme Court held that neighbor had standing and denied landowner's motion to dismiss neighbor's claim seeking special damages. Both neighbor and landowner appealed.