Opinion
May 29, 1967
Order of the Supreme Court, Westchester County, dated July 13, 1966, affirmed insofar as appealed from, with $10 costs and disbursements. In our opinion, the causes of action alleged in the amended complaint (the order under review inter alia granted plaintiff's cross motion to interpose the amended complaint) are asserted prematurely where, as here, no application has been made for a building permit. Accordingly, it was correct to dismiss the complaint and the amended complaint, upon defendants' motion (CPLR 3211, subd. [a], par. 7). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Nolan, JJ., concur.