Elliott v. Galvin — 33 N.Y.2d 594

Majority

p. 594

In the Matter of Osborn Elliott et al., Respondents, v. Thomas F. Galvin et al., Constituting the Board of Standards and Appeals of the City of New York, et al., Appellants.

Argued June 5, 1973;

decided July 3, 1973.

p. 595

Bernard Botein, Arthur Kramer and Gerald G. Paul for 211 East 70th Street Company, appellant.

Norman Bedlieh, Corporation Counsel (Stanley Buchsbaum and Alfred Weinstein of counsel), for Thomas F. Galvin and

p. 596

others, constituting the Board of Standards and Appeals, appellants.

Frans J. J. Van Heemstra for petitioners-respondents.

Otis Pratt Pearsall for Municipal Art Society of New York and others, amici curiae.

Order reversed, without costs, and the judgment of Special Term reinstated in the following memorandum: The record supports the finding that the location of the zoning lot within two different zoning districts, as well as the irregular shape and small size of the 01-9 portion of the zoning lot constitute such ‘1 unique physical conditions ’ ’ which allow the granting of & variance within the meaning of section 72-21 of the New York City Zoning Resolution. The record also discloses that the Board of Standards and Appeals has made all of the other findings required of it by section 72-21 of the New York City Zoning Resolution, and we conclude that these findings are not arbitrary or contrary to law.

Concur: Judges Burke, Jasen, Gabrielli and Wachtler. Judge Jones dissents and votes to affirm upon the ground that there is no basis, on the record in this case, for a finding of the prerequisite ‘1 unique physical conditions ” as to this property. Taking no part: Chief Judge Fuld and Judge Breitel.