1. Home
  2. Browse Decisions
  3. N.Y.
  4. 305 N.Y.
  5. 305 N.Y. 880 (1953)
 

LONG ISLAND LIGHTING CO. v. CITY OF LONG BEACH

305 N.Y. 880 (1953)

In the Matter of Long Island Lighting Company, Respondent, v. City of Long Beach et al., Appellants, and Benjamin Hochman, Intervener, Appellant.

Court of Appeals of the State of New York.

Reargued June 3, 1953.

Decided July 14, 1953

Attorney(s) appearing for the Case

Bernard M. Bailey, Corporation Counsel (Irving J. Schultz of counsel), for appellants.

Paxton Blair and David B. Tolins for intervener-appellant.

Charles E. Elbert, David K. Kadane, Charles R. Pierce and Bertram D. Moll for respondent.

Concur: LEWIS, Ch. J., CONWAY, FROESSEL and VAN VOORHIS, JJ. Dissent: DESMOND, DYE and FULD, JJ.

Upon reargument: Order affirmed, with costs; no opinion.

DESMOND, DYE and FULD, JJ., dissent and vote to reverse the order of the Appellate Division and that of Special Term, and to reinstate the determination of the board of zoning appeals, with costs in all courts. Since there was evidence that the proposed substation would emit a hum which could be heard by those in the immediate vicinity thereof, it cannot be said, as a matter of law, that, in disallowing the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases