Legal Opinion · Dissent

Traikoff v. Heerema

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

Decided June 27, 1968Published

1DissentGoldman, J.

Appellants’ property, which is located in a subdivision zoned residential, is adjacent to the respondent’s property, which is zoned commercial and upon which he operates a retail establishment. On January 3, 1966 the Irondequoit Zoning Board of Appeals heard respondent’s appeal from a denial of his application for a permit which sought to increase substantially the size of his store by the erection of an addition thereto which would be considerably closer to the side and rear lines of the lot than the required minimum setbacks. The application was granted the same day, subject to an agreement…

2Cases cited2 opinions

  1. People ex rel. Provident Savings Life Assurance Society v. MillerNew York Court of Appeals · 1904
  2. Case v. KnaufNew York Supreme Court · 1961

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