Rindfleisch v. Bayly

Appellate Division of the Supreme Court of New York

Rindfleisch v. Bayly

242 A.D. 797

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1934·Published

Opinion

Judgment [798]*798reversed on the law, with costs, certiorari proceeding dismissed and the determination of the board of appeals of the village of Mamaroneek reinstated and confirmed, with ten dollars costs and disbursements. In our opinion, the evidence did not justify the court in reversing the determination of the board of appeals. (People ex rel. St. Albans-S. Corp. v. Connell, 257 N. Y. 73; People ex rel. Arseekay Syndicate v. Murdock, 265 id. 158.) Findings of fact and conclusions of law inconsistent with this decision are reversed and new findings and conclusions will be made. Lazansky, P. J., Young, Kapper, Hagarty and Davis, JJ., concur. Settle order on notice.

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Judgment [798]*798reversed on the law, with costs, certiorari proceeding dismissed and the determination of the board of appeals of the village of Mamaroneek reinstated and confirmed, with ten dollars costs and disbursements. In our opinion, the evidence did not justify the court in reversing the determination of the board of appeals. (People ex rel. St. Albans-S. Corp. v. Connell, 257 N. Y. 73; People ex rel. Arseekay Syndicate v. Murdock, 265 id. 158.) Findings of fact and conclusions of law inconsistent with this decision are reversed and new findings and conclusions will be made. Lazansky, P. J., Young, Kapper, Hagarty and Davis, JJ., concur. Settle order on notice.

Rindfleisch v. Bayly, 242 A.D. 797 (N.Y. Ct. App. 1934).

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Opinion

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