New York Court of Appeals, 1975

Tarolli v. Howe

New York Court of Appeals · Decided October 21, 1975

37 N.Y.2d 865; 340 N.E.2d 725; 378 N.Y.S.2d 357; 1975 N.Y. LEXIS 2245

Cases that cite this one

6 later published cases cite this decision.

SMOKE, JOHN T. v. PLANNING BOARD OF TOWN OF GREIG (Appellate Division of the Supreme Court of New York 2016)
Smoke v. Planning Board (Appellate Division of the Supreme Court of New York 2016)
Smoke v. Planning Board (Appellate Division of the Supreme Court of New York 2016)
Shinnecock Hills Golf Club, Inc. v. Nardy (Appellate Division of the Supreme Court of New York 1983)
Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc. (N.Y. 1979)
Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc. (Appellate Division of the Supreme Court of New York 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division’s construction of subdivision (b) of section 7 of respondent Town of Geddes’ Zoning Ordinance and its conclusion that "the obvious intent of the section was to restrict development of private profit-making enterprises in a residential district”. Moreover, we find the regulation constitutional and a permissible exercise of the police power conferred on respondent by the Legislature (see Town Law, § 261). As was stated in Matter of Wulfsohn v Burden (241 NY 288, 300-301), "[t]he primary purpose of [a residential] district is safe, healthful and comfortable family life rather than the development of commercial instincts and the pursuit of pecuniary profits.” Indeed, almost 40 years ago, in a case upholding the exclusion of boarding houses operated for profit in a residential district, we noted that "[provisions for the exclusion of business enterprises from residential zones are now generally found in zoning ordinances” (Baddour v City of Long Beach, 279 NY 167, 174, app dsmd 308 US 503; cf. McCarter v Beckwith, 247 App Div 289, 292, affd 272 NY 488, cert den 299 US 601; see, also, 1 Anderson, New York Zoning Law and Practice [2d ed], § 9.36).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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