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MATTER OF KOHNBERG v. MURDOCK

6 N.Y.2d 937 (1959)

In the Matter of Philip Kohnberg et al., Appellants, v. Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents, and Morton Pickman et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Robert S. Dillworth and Richard Reiner for appellants.

Charles H. Tenney, Corporation Counsel (Alfred Weinstein, Seymour B. Quel and Elias Low of counsel), for Board of Standards and Appeals of City of New York, respondent.

Jacob I. Isaacs, Murray Stockman and Robert H. Bidwell for intervenors-respondents.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents in the following opinion.

Order affirmed, without costs.

VAN VOORHIS, J. (dissenting).

The use district exception created in this instance by the Board of Standards and Appeals is not based on practical difficulty or unnecessary hardship, nor on any tangible standard for the exercise of the board's judgment. Subdivision (e) of section 7 of the Zoning Resolution, under which the board acted in this instance, purports to convey to the board the power to "Permit, for a stated...

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