Summary
In Averill v. Williams (1 Den. 501, 503) it is said an action will not lie against the plaintiff in the execution unless he interfered with the levy, or assented to what had been done by the officer.
Summary of this case from Hill v. WhiteOpinion
September 20, 1976
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals which, after a hearing, granted the intervenor-respondent's application for an area variance, the appeal is from a judgment of the Supreme Court, Westchester County, dated June 25, 1975, which (1) dismissed the petition and (2) confirmed the determination. Judgment affirmed, with one bill of $50 costs and disbursements to intervenor-respondent Larkin. The record indicates that the determination of the Zoning Board of Appeals of the Town of Lewisboro, granting an area variance to the intervenor-respondent, was supported by the evidence adduced at the hearing (see Matter of Fulling v Palumbo, 21 N.Y.2d 30). Hopkins, Acting P.J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.