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New York Court of Appeals, 1936

Matter of Rosenbush v. Keller

Matter of Rosenbush v. Keller
New York Court of Appeals · Decided May 26, 1936 · Crane, Crouch, Finch, Hubbs, Lehman, Loughran, O'Brien
2 N.E.2d 659; 271 N.Y. 282; 1936 N.Y. LEXIS 1198 (North Eastern Reporter, Second Series)

Matter of Rosenbush v. Keller

Opinion of the Court

Per Curiam.

Appellant was not entitled to resort to the remedy of mandamus without availing herself of the right to appeal to the Board of Standards and Appeals. (Matter of Towers Management Corp. v. Thatcher, 271 N. Y. 94; decided May 19, 1936.) That Board is also empowered on a proper application to consider the argument here made on the basis of unnecessary hardship. (Amended Building Zone Resolution, § 21; see New York Code of Ordinances, Appendix B.)

The order should be affirmed, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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