Majority
p. 688The People of the State of New York ex rel. Falkenau & Hamershlag, Inc., Appellant, v. William E. Walsh et al., Constituting the Board of Appeals of the City of New York, Respondents. (Argued June 2, 1925; decided July 15, 1925.)
Headnote
New York city — Zoning Law — determination of board of appeals refusing, in the exercise of discretion, permit to build garage, sustained.People ex rel. Falkenau & Hamershlag, Inc., v. Walsh, 214 App. Div 705 , affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1925, which reversed an order of Special Term
p. 689
sustaining a writ of certiorari and annulling a determination of the board of appeals of the city of New York refusing the relator a permit to build a garage on the easterly side of Jerome avenue, north of One Hundred and Eighty-third street in the borough of The Bronx. It was contended that the decision of the board of appeals denying a permit to the relator after granting permits to other property owners to erect garages in the same vicinity was a clear abuse of discretion.
Horace S. Manges and Abram I. Elkus for appellant.
George P. Nicholson, Corporation Counsel (John F. O’Brien, Willard S. Allen and William T. Kennedy of counsel), for respondents.
Order affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.