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TRAIKOFF v. HERREMA

30 A.D.2d 271 (1968)

William E. Traikoff et al., Appellants, v. John R. Herrema, Doing Business as I.G.A. Foodliner, et al., Respondents

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

June 27, 1968.

Attorney(s) appearing for the Case

Robinson, Williams, Brown, Robinson & Angeloff (Mitchell T. Williams and Frank A. Aloi of counsel), for appellants.

Harold G. Ashworth for respondents.

DEL VECCHIO and HENRY, JJ., concur with WITMER, J.; GOLDMAN, J., dissents and votes to reverse the judgment insofar as it dismissed the amended complaint and plaintiffs' first cause of action, in opinion, in which BASTOW, P. J., concurs.

WITMER, J.

This is an appeal from a judgment insofar as it dismisses a cause of action of the amended complaint for an injunction restraining the defendants-respondents from exercising a zoning variance granted to them by the Zoning Board of Appeals of the Town of Irondequoit. The record amply supports the findings and judgment of the trial court with respect to the merits of the issuance of the variance. Appellants contend, however, that the variance...

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