Summary
In Matter of Beach Haven Jewish Center v. Foley (13 N.Y.2d 973, revg. 18 A.D.2d 917) the dissenting opinion of Mr. Justice [now Presiding Justice] CHRIST in this court was approved and a variance annulled by the Court of Appeals where a business use (a shopping center) had been permitted to be located throughout an entire block in a residential district for a 20-year term.
Summary of this case from Van Deusen v. JacksonOpinion
Argued October 7, 1963
Decided October 31, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN E. CONE, J.
David I. Shivitz and Albert Kalter for appellants.
Leo A. Larkin, Corporation Counsel ( Alfred Weinstein and Seymour B. Quel of counsel), for respondents.
William J. Calise and Francis R. Di Prima for intervenor-respondent.
Order of Appellate Division reversed and that of Special Term reinstated, without costs, upon the dissenting memorandum at the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.