Legal Opinion

Cheery v. Brumbaugh

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 1938PublishedCited by 19 opinions

1Opinion of the Court

Petitioner sought a permit to build a six-story apartment house in a Class A residence district in the village of Larchmont, Westchester county. The building inspector refused to issue the permit upon three distinct grounds: (1) That under the local Zoning Ordinance (§ 12) the erection of apartment houses is prohibited; (2) that the proposed plan calls for non-fireproof construction instead of fireproof construction, as required by the local Building Code (§§ 801, 1202); and (3) that the plans in several details of construction fail to comply with the regulations prescribed by the Building…

2Cases cited6 opinions

  1. Matter of Levy v. Bd. of Standards AppealsNew York Court of Appeals · 1935
  2. Matter of Towers Man. Corp. v. ThatcherNew York Court of Appeals · 1936
  3. Matter of Beckmann v. TalbotNew York Court of Appeals · 1938
  4. Kesbec, Inc. v. RevilleAppellate Division of the Supreme Court of the State of New York · 1935
  5. Radcliffe v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1928

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.New York Court of Appeals · 1981
  2. Colonial Estates, Inc. v. StancoNew York Supreme Court · 1963
  3. Wesley Chapel, Inc. v. Van Den HendeAppellate Division of the Supreme Court of the State of New York · 1969
  4. Nassau Children's House, Inc. v. Board of Zoning Appeals of Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Selleck v. WaterburyAppellate Division of the Supreme Court of the State of New York · 1939

14 more not listed; retrieve them via the Exa API.

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