MATTER OF ATLAS v. DICK

Final order reversed on the law and the facts, with $50 costs and disbursements, and the application denied, without costs. Inconsistent findings are reversed and new findings will be made. The contractual obligations assumed by respondent after filing his application for a building permit and prior to the issuance thereof, were not such acts as to vest any rights which could not be defeated by the subsequent amendment of the local ordinance. ( Matter of Fox Lane Corp. v. Mann, 216 App. Div. 813, affd. 243 N.Y. 550.) The cases of Matter of Calton Court, Inc., v. Switzer ( 221 App. Div. 799) and Matter of Dubow v. Ross ( 254 App. Div. 706) are readily distinguishable. Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur. Settle order on notice. [ 192 Misc. 843.]