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MATTER OF FULLING v. PALUMBO

21 N.Y.2d 30 (1967)

In the Matter of Edmund H. Fulling et al., Appellants, v. Joseph L. Palumbo, as Building Inspector of the Village of Bronxville, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 7, 1967.

Attorney(s) appearing for the Case

George P. Forbes, Jr., and Winfred C. Allen for appellants.

George C. Shively, Village Counsel (James F. Dwyer and Kurt Koegler of counsel), for respondents.

Chief Judge FULD and Judges VAN VOORHIS, BURKE and SCILEPPI concur with Judge KEATING; Judge BREITEL dissents and votes to affirm in an opinion in which Judge BERGAN concurs.

KEATING, J.

Appellants are the contract vendors and vendees of a 9,500 square foot vacant lot, Lot 31, in a developed section of Bronxville. The vendors previously purchased and resided upon one of the two adjoining improved lots, Lot 33, also a 9,500 square foot parcel. Hence the lots were bought at different times. The vacant property was purchased in 1948 and apparently the two were never used and occupied...

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