Berger v. City of New York — 308 N.Y. 830

Majority

p. 830

Freda K. Berger, Appellant, v. City of New York et al., Respondents.

Argued January 13, 1955;

decided March 3, 1955.

p. 832

Isidore Ginsberg for appellant.

Leo A. Larkin, Acting Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for respondents.

Judgment affirmed, with costs, without prejudice to plaintiff’s taking such appropriate action as she may be advised in connection with set-back and area restrictions as to a conforming use. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld and Van Voorhis, JJ. Taking no part: Froessel and Burke, JJ.