Palmer v. Mann — 237 N.Y. 616

Majority

p. 616

In the Matter of the Application of Laura A. Palmer, Respondent, v. Frank Mann, as Tenement House Commissioner of the City of New York, et al., Appellants.

Headnote

New York city — building zones — amendment to height district — when mandamus properly granted to compel tenement house commis sioner to approve plans for erection of apartment house.

Matter of Palmer v. Mann, 206 App. Div. 484 , affirmed.

(Argued February 19, 1924;

decided April 1, 1924.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 16, 1923, which reversed an order of Special Term denying a motion for a peremptory order of mandamus to compel the tenement house commissioner of the city of New York to approve plans and issue a permit for the erection of an apartment house 150 feet in height on the northeast corner of Fifth avenue and . East Seventy-third street in the borough of Manhattan and granted said motion. The question at issue was whether an amendment of the “ Height District ” containing the property had been legally adopted.

George P. Nicholson, Corporation Counsel {John F. O’Brien, Willard S. Allen and William T. Kennedy of counsel), for Tenement House Commissioner, appellant.

Edward Harding, John II. Jackson and Joseph H. ■Choate, Jr., for Thornton Realty Company et al., appellants,

p. 617

Robert B. Knowles, Walter G. Dunnington and Thomas J. Blake for respondent.

Order affirmed, with costs ; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.