MATTER OF HARBISON v. CITY OF BUFFALO


4 N.Y.2d 553 (1958)

In the Matter of Andrew Harbison, Sr., et al., Respondents, v. City of Buffalo et al., Appellants.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (William J. Ostrowski of counsel), for appellants.

James J. White for respondents.

Judge BURKE concurs with Judge FROESSEL; Judges DESMOND and FULD concur in result upon the principles stated in People v. Miller (, 108, 109); Judge VAN VOORHIS dissents in an opinion in which Chief Judge CONWAY and Judge DYE concur.


FROESSEL, J.

Petitioner Andrew Harbison, Sr., purchased certain real property located at 35 Cumberland Avenue in the city of Buffalo on January 5, 1924. Shortly thereafter he erected a 30- by 40-foot-frame building thereon, and commenced operating a cooperage business, which, with his son, he has continued to date. The building has not been enlarged, and the volume of...

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