Legal Opinion
Murphy v. Kraemer
New York Supreme Court
Decided December 5, 1958PublishedCited by 8 opinions
1Opinion of the CourtCortland A. Johnson, J.
This is an article 78 proceeding to review the denial of an application for a variance made by the owner of a plot 25 feet by 100 feet on the northwest corner of Prospect Ave. and Kinkle Street, Westbury.
The variance sought was elimination of side yard requirements, insufficient off-street parking, and elimination of required landscape area.
The application was denied on three grounds: 1. because the claimed hardship was self-imposed (there is an admission in the record that petitioner is in the process of acquiring title); 2. there is a lack of adequate parking; and 3. on the general ground…
2Cases cited4 opinions
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Clark v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
- Matter of Henry Steers, Inc. v. RembaughNew York Court of Appeals · 1940
- Henry Steers, Inc. v. RembaughAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by8 opinions
- MTR. OFF SHORE REST. CORP. v. LindenNew York Court of Appeals · 1972
- Colony Park, Inc. v. MaloneNew York Supreme Court · 1960
- City of Coral Gables v. GearyDistrict Court of Appeal of Florida · 1980
- Bellamy v. Board of AppealsNew York Supreme Court · 1962
- Informal Opinion No., New York Attorney General Reports1985
3 more not listed; retrieve them via the Exa API.