Borgeaud v. Fassler

The petitioner seeks a peremptory order of mandamus commanding the respondent, commissioner of buildings, to issue a permit to cut the curb to make a carriageway across the sidewalk in front of the premises known as No. 91 Thayer street, in the borough of Manhattan. The petitioner wishes to conduct an open-air garage and parking space for automobiles. No claim is made that the property is to be used temporarily for this purpose. The property is located in a residence district.

The respondent has refused to issue the permit on the ground that such a use of the property would be a violation of…