BERGER v. CITY OF NEW YORK


283 A.D. 714 (1954)

Freda K. Berger, Respondent, v. City of New York et al., Appellants

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

February 1, 1954.


Judgment reversed on the law and on the facts, without costs, and judgment directed to be entered dismissing the complaint on the merits, without costs.

Whether plaintiff's property is suitable for a conforming use is fairly debatable. Under such circumstances the judgment of the local legislative body must be allowed to prevail. (Shepard v. Village of Skaneateles, 300 N.Y. 115, 118; Matter of Wulfsohn v. Burden, 241 N...

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