Pounds v. Board of Standards & Appeals — 248 N.Y. 591

Majority

p. 591

In the Matter of Carrie E. Pounds et al., Respondents, against The Board of Standards and Appeals of the City of New York et al., Appellants.

Headnote

New Yorh city — zoning law — determination of Board of Standards and Appeals permitting variation, reversed.

Matter of Pounds v. Board of Standards & Appeals, 223 App. Div. 861 , affirmed.

(Argued May 28, 1928;

decided June 12, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1928, which affirmed an order of Special Term

p. 592

reversing, on certiorari, a determination of the Board of Standards and Appeals of the city of New York ' granting an application of appellant J. P. C. Realty Corporation for permission to erect an apartment house on premises owned by it at the northeast corner of Cortelyou road and East Eighteenth street in the borough of Brooklyn according to “ C ” area district regulations instead of “ E ” area district regulations which were applicable to that locality.

George P. Nicholson, Corporation Counsel (Willard S. Allen, J. Joseph Lilly and Martin H. Murphy of counsel), for Board of Standards and Appeals, appellants.

Edward A. McShane for J. P. C. Realty Corporation, appellant.

Leonard M. Wallstein and Ralph M. Frink for respondents.

Order affirmed, with costs; no opinion.

Concur: Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Dissenting: Cardozo, Ch. J., and Pound, J.