Schwartz v. Chave

This article 78 proceeding presents the question whether section (1-20.0 of the Building Zone Ordinance permits a dentist to continue practice in a professional office in a residence, the residential portion of the premises being occupied by another person. The court holds that it does and that the Board of Zoning Appeals was in error in construing the ordinance to the contrary and, therefore, it annuls the board’s decision and remands the matter to the board for a further hearing and for proceedings not inconsistent with this decision.

Petitioner’s premises are situated in a Residence “ B ”…