Appellate Division of the Supreme Court of New York, 1971

Designer Homes, Inc. v. City Council

Designer Homes, Inc. v. City Council
Appellate Division of the Supreme Court of New York · Decided April 19, 1971
36 A.D.2d 836; 321 N.Y.S.2d 688; 1971 N.Y. App. Div. LEXIS 4240
Designer Homes, Inc. v. City Council

Opinion of the Court

*840Benjamin, J., concurs in the reversal of the judgment for the reasons stated by Mr. Justice G-ulotta m his memorandum, but is of the opinion that the proceeding should be remitted to the Special Term for the taking of proof before it as to the economic consequences flowing from the use of the property under .the present zoning, in contrast to the economic consequences flowing from the use of the property under the variance sought.

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