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MATTER OF CONWALL REALTY CORP. v. MURDOCK

285 A.D. 951 (1955)

In the Matter of Conwall Realty Corp., Respondent, v. Harris H. Murdock et al., Constituting The Board of Standards and Appeals of the City of New York, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 1955.

Order reversed on the law and the facts, with $50 costs and disbursements, proceeding dismissed, and determination of the board of standards and appeals reinstated and confirmed.

There was a reasonable basis for the action of the board in harmony with the general purposes of the zoning resolution. (Cf. Matter of Reed v. Board of Stds. & Appeals, 255 N.Y. 126, 135.) Its determination has support in the evidence, and is not arbitrary. The court may not substitute...

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