Elgar v. S. H. Kress & Co.

Plaintiff, the owner of a private dwelling, seeks to enjoin defendant from using its building across the street, which was recently constructed for commercial purposes upon the ground that (1) it had erected said building in violation of the zoning resolutions of the City of New York and (2) that defendant’s use of the building constitutes a nuisance.

The record shows that defendant was the owner of land, the greater part of which was in an area zoned as a Retail-1 district. A small segment of defendant’s plot was previously in a residence district but by resolution of the City Planning…