Gerzof v. Town of Huntington

Full title: JULIUS M. GERZOF, Appellant, v. TOWN OF HUNTINGTON, Respondent

Court: Court of Appeals of the State of New York

Date published: Apr 29, 1960

8 N.Y.2d 788 (N.Y. 1960)

201 N.Y.S.2d 802

168 N.E.2d 131

Opinion

Argued March 31, 1960

Decided April 29, 1960

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES S. COLDEN, Off. Ref.

Julius M. Gerzof, in person, Lewis Allison and David J. Weinblatt for Julius M. Gerzof, appellant.

Irving Cahn and Richard C. Cahn for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges FROESSEL and VAN VOORHIS dissent and vote to reverse and to reinstate the judgment of the Official Referee on the ground that upon this record the zoning ordinance precludes the use of plaintiff's property for any purpose for which it is reasonably adapted.