Legal Opinion
Cortese v. Avis Rent a Car System, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously modified on the law, petition granted and as modified affirmed without costs, in accordance with the following memorandum: Supreme Court erred in concluding that the determination of the Zoning Board of Appeals to grant a use variance was supported by substantial evidence. Before a zoning board may exercise its discretion and grant a use variance, the record must show, by evidence in dollars and cents form, that the land cannot yield a reasonable return if used only for its current use or any other uses permitted in that zone (see, Matter of Village Bd. v Jarrold, 53 NY2d…
2Cases cited7 opinions
- Village Board v. JarroldNew York Court of Appeals · 1981
- MATTER OF CROSSROADS RECREATION v. BrozNew York Court of Appeals · 1958
- Sheeley v. LevineAppellate Division of the Supreme Court of the State of New York · 1989
- Moore v. NowakowskiAppellate Division of the Supreme Court of the State of New York · 1974
- Moore v. NowakowskiAppellate Division of the Supreme Court of the State of New York · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Karam v. WilczekAppellate Division of the Supreme Court of the State of New York · 1992
- SoHo Alliance v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2000
- Visciglio v. Board of Zoning Appeals of SyracuseAppellate Division of the Supreme Court of the State of New York · 1992