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MATTER OF TAUB v. PIRNIE

3 N.Y.2d 188 (1957)

In the Matter of Freda H. Taub et al., Appellants, v. Malcolm Pirnie, Sr., et al., Constituting the Board of Appeals of the Incorporated Village of Scarsdale, Westchester County, New York, et al., Respondents, and Heath-York Corporation, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Seymour J. Wilner, Edward Garfield and Robert H. Wrubel for appellants.

Richard A. Tilden for respondents.

Harry G. Liese, Herman Goldman and A. F. Sackheim for intervenor-respondent.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

FULD, J.

We are here concerned with the determination of the Board of Appeals of the Village of Scarsdale granting a variance permitting the residence portion of a much larger tract to be used as a parking lot in connection with a super market to be constructed on the adjacent business use portion. The property is, as the facts already told indicate, in a residence district on the edge of the district zoned for...

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