Stillman v. Board of Standards & Appeals

Headnote

New York city — Zoning Law — power of Board of Standards and Appeals to vary requirements for benefit of single property owner.

Matter of Stillman v. Board of Standards & Appeals, 222 App. Div. 19 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2, 1927, which reversed, on certiorari, a determination of the Board of Standards and Appeals of the city of New York granting the application of appellant Fortieth Street and Park ¡Avenue, Inc., for a variance of the building zone resolution in force' in the city of New York so as to permit it to erect and maintain a business building in a residence district. The Appellate Division held that the Board of Standards and Appeals was without power to vary a zoning requirement because it would benefit a single owner to remove a restriction.