[DOWNLOAD] "Mark T. Nielsen Et Al. v. Joseph Corbo Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Mark T. Nielsen Et Al. v. Joseph Corbo Et Al.
• Author : Supreme Court of New York
• Release Date : January 20, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

In our opinion, plaintiffs have failed to show harm sufficient to warrant the issuance of a permanent injunction. The community
retains a uniform appearance because appellants' two-family dwelling has the same exterior as that of the standard one-family
dwelling. Moreover, the area will remain a one-family residential community because the present zoning law now requires it.
Appellants converted their premises to two-family occupancy pursuant to an alteration building permit issued by the City of
Glen Cove at a time when the zoning law permitted two-family homes. Thus, the presence of a two-family dwelling on appellant's
premises does not disrupt the community scheme. We therefore conclude that granting injunctive relief would not serve a substantial
purpose of the parties seeking it, but would necessitate removal of one of the families presently occupying appellants' premises.
Injunctive relief will be denied whenever it appears that granting the injunction would not confer a substantial benefit,
but would inflict serious hardship (Real Property Actions and Proceedings Law, § 1951, subd. 1; McClure v. Leaycraft, 183
N. Y. 36). For this reason, the judgment granting plaintiffs a permanent injunction should be reversed. Brennan, J., dissents
and votes to affirm the judgment on the opinion at the Special Term. Disposition Judgment reversed, on the law and the facts, without costs, and complaint dismissed.

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