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Socha v. Smith

Court of Appeals of the State of New York
Apr 23, 1970
259 N.E.2d 738 (N.Y. 1970)

Opinion

Argued April 6, 1970

Decided April 23, 1970

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MICHAEL E. SWEENEY, J.

William P. Willig and George R. Mills for appellants.

John L. Desmond for respondent.


Order affirmed, without costs, in the following memorandum: The existence of a commercial storage business on the subject property and the proximity of other businesses on a nearby State highway indicate that the construction of apartments would actually upgrade the area and that the refusal of the Town Board to grant the zoning change was unreasonable. (See Rodgers v. Village of Tarrytown, 302 N.Y. 115, 121.)

Concur: Judges BURKE, BERGAN, JASEN and GIBSON. Chief Judge FULD and Judges SCILEPPI and BREITEL dissent and vote to reverse on the dissenting opinion at the Appellate Division.


Summaries of

Socha v. Smith

Court of Appeals of the State of New York
Apr 23, 1970
259 N.E.2d 738 (N.Y. 1970)
Case details for

Socha v. Smith

Case Details

Full title:WALTER J. SOCHA, Respondent, v. GILBERT E. SMITH et al., Constituting the…

Court:Court of Appeals of the State of New York

Date published: Apr 23, 1970

Citations

259 N.E.2d 738 (N.Y. 1970)
259 N.E.2d 738
311 N.Y.S.2d 306

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