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Appellate Division of the Supreme Court of New York, 1943

Alexander's Department Stores, Inc. v. Murdock

Alexander's Department Stores, Inc. v. Murdock
Appellate Division of the Supreme Court of New York · Decided February 26, 1943
265 A.D. 517; 39 N.Y.S.2d 823; 1943 N.Y. App. Div. LEXIS 6340

Counsel

James Hall Prothero of counsel (Paxton Blair with him on the brief; William C. Chanler, Corporation Counsel), for appellants., Leon Jaffa of counsel (Daniel Ginsberg with him on the brief), for respondents.

Alexander's Department Stores, Inc. v. Murdock

Opinion of the Court

Per Curiam.

Upon the facts presented for decision to the Board of Standards and Appeals of the City of New York, it cannot be said that the Board might not reasonably conclude to deny the petitioners’ application. Accordingly, since the action of the Board was not arbitrary or capricious, the order of the Special Term which annulled the determination should be reversed.

The order appealed from should be reversed, with twenty dollars costs and disbursements, and the motion to vacate the order of certiorari and to confirm the determination of the Board of Standards and Appeals granted.

Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ., concur.

*518Order unanimously reversed, with twenty dollars costs and disbursements, and the motion to vacate the order of certiorari and to confirm the determination of the Board of Standards and Appeals granted.’ ! ' r ' '' "

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