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CORTESE v. AVIS RENT A CAR SYS., INC.

167 A.D.2d 940 (1990)

Patrick Cortese et al., Appellants, v. Avis Rent a Car System, Inc. et al., Respondents, and Frank Brandani et al., Respondents-Appellants

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

November 16, 1990

Judgment unanimously modified on the law, petition granted and as modified affirmed without costs, in accordance with the following memorandum:

Supreme Court erred in concluding that the determination of the Zoning Board of Appeals to grant a use variance was supported by substantial evidence. Before a zoning board may exercise its discretion and grant a use variance, the record must show, by evidence in dollars and cents form, that the land cannot yield a reasonable...

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