Jensen v. City of New York

Cooke, J. (dissenting).

I dissent and vote to reverse the judgment appealed from and the order of the Appellate Division brought up for review and to dismiss the complaint. It is respectfully submitted that the majority’s determination not only veers from a prevailing body of law but creates a dangerous precedent for other similar situations.

Plaintiff, a widow in her late seventies and depending almost entirely on Social Security income, owned an irregularly shaped plot of 10,792 square feet fronting on Woodrow Road in a sparsely developed area in the Eltingville section of Staten Island. On…