Hatfield v. Kempner

*1011Christ, P. J., Latham and Benjamin, JJ., concur; Munder, J., dissents

and votes to reverse the judgment and to confirm appellants’ determination denying petitioner’s application for an area variance, with the following memorandum, in which Rabin, J. concurs: The question here is whether the appellant board abused its discretion, as a matter of law, in denying the application. To the general factual statement in the prevailing memorandum I would add that the board found, on what I think is substantial evidence, that petitioner acquired Lot 62 in 1937 for $1,500; that the lot was used in common…