Rosenwasser v. Fabrizzi

Appellate Division of the Supreme Court of New York

Rosenwasser v. Fabrizzi

5 A.D.2d 881, 172 N.Y.S.2d 776, 1958 N.Y. App. Div. LEXIS 6628

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 17, 1958

StatusPublished

This text of 5 A.D.2d 881 (Rosenwasser v. Fabrizzi) 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

Rosenwasser v. Fabrizzi, 5 A.D.2d 881, 172 N.Y.S.2d 776, 1958 N.Y. App. Div. LEXIS 6628 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action for injunctive relief, the appeal is from a judgment entered after trial, on the decision of an Official Referee, dismissing the complaint, and from said decision. Respondent Ferndale Center, Inc., is the owner of a shopping center whieh includes a parking area, and also owns an adjacent parcel. Respondent First National Stores, Inc., is a lessee of space in the shopping center. Respondent Ferndale constructed a driveway on its adjacent parcel leading from a public street to the parking area. Said parcel under appellant’s zoning ordinance is in a residential district. Appellant sought to restrain respondents from using the driveway on the ground that it was not a permitted use under the zoning ordinance. The Official Referee, to whom the action had been referred to hear and determine, found that the ordinance was confiscatory not only because it deprived the owner of the use of the property for whieh it was reasonably adapted, but also because the property had no possibilities for the use to whieh the ordinance restricted it. Judgment unanimously affirmed, with costs. No opinion. Appeal from decision dismissed, without costs. No appeal lies from a decision.

Present — Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action for injunctive relief, the appeal is from a judgment entered after trial, on the decision of an Official Referee, dismissing the complaint, and from said decision. Respondent Ferndale Center, Inc., is the owner of a shopping center whieh includes a parking area, and also owns an adjacent parcel. Respondent First National Stores, Inc., is a lessee of space in the shopping center. Respondent Ferndale constructed a driveway on its adjacent parcel leading from a public street to the parking area. Said parcel under appellant’s zoning ordinance is in a residential district. Appellant sought to restrain respondents from using the driveway on the ground that it was not a permitted use under the zoning ordinance. The Official Referee, to whom the action had been referred to hear and determine, found that the ordinance was confiscatory not only because it deprived the owner of the use of the property for whieh it was reasonably adapted, but also because the property had no possibilities for the use to whieh the ordinance restricted it. Judgment unanimously affirmed, with costs. No opinion. Appeal from decision dismissed, without costs. No appeal lies from a decision.

Present — Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

5 A.D.2d 881, 172 N.Y.S.2d 776, 1958 N.Y. App. Div. LEXIS 6628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenwasser-v-fabrizzi-nyappdiv-1958.