Kraushaar & Son, Inc. v. City of New York

No opinion. Wenzel, Schmidt and Ughetta, JJ., concur; Nolan, P. J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum: The evidence adduced is insufficient to establish that the Zoning Resolution of the City of New York, as amended, insofar as it affects plaintiff’s property, is unconstitutional. The suitability of plaintiff’s property for the uses to which it is limited is fairly debatable. Under such circumstances, the judgment of the local legislative body must be allowed to prevail. (Shepard v. Village of Skaneateles, 300 N. Y. 115;…