Summary
In Contino the court expressly adopted the dissenting opinion at the Appellate Division (33 A.D.2d 1043) which, on analysis of Fulling, concluded that decision did not mandate variances in all financial loss cases particularly "where * * * the hardship was self-created" (p. 1044).
Summary of this case from Matter Cherry Hill Homes v. BarbiereOpinion
Submitted June 2, 1970
Decided July 1, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HENRY TASKER, J.
Saul Horowitz, Corporation Counsel, for appellant.
Daniel S. Lerner and Melvin B. Lippe for respondents.
Order, insofar as it affirmed the judgment entered upon the decision at Trial Term, reversed, without costs, for the reasons stated in the dissenting opinion at the Appellate Division, and the case remitted to Supreme Court, Nassau County, with directions to enter judgment in favor of defendant-appellant declaring the Building Zone Ordinance of the Incorporated Village of Hempstead constitutional insofar as it applies to the plaintiffs' property.
All concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.