1. Home
  2. Browse Decisions
  3. N.Y.
  4. 309 N.Y.
  5. 309 N.Y. 730 (1955)
 

B & G CONSTR. CORP. v. BD. OF APPEALS OF THE VILL. OF AMITYVILLE

309 N.Y. 730 (1955)

In the Matter of B & G Construction Corp. et al., Respondents, v. Board of Appeals of the Village of Amityville et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Edward R. Phillips for appellants.

Sydney Hoffman and Jacob Bendersky for respondents.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD and BURKE, JJ. FROESSEL and VAN VOORHIS, JJ., dissent and vote to affirm.

Order of the Appellate Division and that of Special Term reversed, petition dismissed and determination of respondent board reinstated, with costs in all courts. The board's denial of the certificate of occupancy cannot be overruled by the courts since that denial was not arbitrary but based on sufficient proof of violation of a valid local zoning ordinance (see Matter of Larkin Co. v. Schwab, 242 N.Y. 330, 335; Matter of Kopec v. Buffalo Brake Beam-Acme Steel ...

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