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293 North Broadway Corp. v. Lange

282 A.D. 1056, 126 N.Y.S.2d 374, 1953 N.Y. App. Div. LEXIS 5807
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 14, 1953
StatusPublished
Cited by7 cases

This text of 282 A.D. 1056 (293 North Broadway Corp. v. Lange) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
293 North Broadway Corp. v. Lange, 282 A.D. 1056, 126 N.Y.S.2d 374, 1953 N.Y. App. Div. LEXIS 5807 (N.Y. Ct. App. 1953).

Opinion

Three neighboring property owners seek by this proceeding, pursuant to article 78 of the Civil Practice Act, to review the determination of the zoning boarC of appeals of the city of Yonkers granting an area variance to the intervener, permitting him to erect a fifty-five-family apartment house on property which under the zoning ordinance would permit only a forty-two-family apartment house. The proceeding was transferred to this court pursuant to section 1296 ol the Civil Practice Act. Determination unanimously confirmed, without costs. Although one who purchases land with knowledge of a use restriction will not be permitted to claim special hardship (Matter of Ciarle V. Board of Zoning Appeals, 301 N. Y. 86), that rule does not apply to a variance of an are? restriction. (Matter of Leone v. Yates, 280 App. Div. 823.) Present — Adel Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ.

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Bluebook (online)
282 A.D. 1056, 126 N.Y.S.2d 374, 1953 N.Y. App. Div. LEXIS 5807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/293-north-broadway-corp-v-lange-nyappdiv-1953.