Palmer v. Mann
| Decision Date | 01 April 1924 |
| Citation | 143 N.E. 765,237 N.Y. 616 |
| Parties | In the Matter of the Application of Laura A. PALMER, Respondent, v. Frank MANN, as Tenement House Commissioner of the City of New York, et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (206 App. Div. 484,201 N. Y. Supp. 525), entered November 16, 1923, which reversed an order of Special Term denying a motion for a peremptory order of mandamus to compel the tenement house commissioner of the city of New York to approve plans and issue a permit for the erection of an apartment house 150 feet in height on the northeast corner of Fifth avenue and East Seventy-Third street in the borough of Manhattan and granted said motion. The question at issue was whether an amendment of the ‘height district’ containing the property had been legally adopted.
George P. Nicholson, Corp. Counsel, of New York City (John F. O'Brien, Willard S. Allen, and William T. Kennedy, all of New York City, of counsel), for appellant Tenement House Commissioner.
Edward Harding, John H. Jackson, and Joseph H. Choate, Jr., all of New York City, for appellants Thornton Realty Company et al.
Robert B. Knowles, Walter G. Dunnington, and Thomas J. Blake, all of New York City, for respondent.
Order affirmed, with costs.
To continue reading
Request your trial
-
Campbell v. Cnty. Comm'n of Franklin Cnty.
...and rules of the zoning commission." Freeze, 523 S.W.2d at 126 (quoting Palmer v. Mann, 201 N.Y.S. 525, 528 (N.Y. App. Div. 1923), aff'd, 237 N.Y. 616 (N.Y. 1924)). It is only reasonable to conclude that fairness is similarly required in the hearing itself. See, e.g., Yost v. Fulton Cnty., ......
-
Taylor v. Schlemmer
...and changed from the classification of a Multiple Dwelling district to a Residence district. Palmer v. Mann, 201 N.Y.S. 525, 206 A.D. 484, 237 N.Y. 616; Berrata v. Sales, 255 538; Katz v. Higson, 113 Conn. 776, 155 A. 507; Peters, Mayor, v. Gough, 86 S.W.2d 515; Village of Mill Neck v. Nola......
-
Taylor v. Schlemmer
...and changed from the classification of a Multiple Dwelling district to a Residence district. Palmer v. Mann, 201 N.Y.S. 525, 206 A.D. 484, 237 N.Y. 616; Berrata v. Sales, 255 Pac. 538; Katz v. Higson, 113 Conn. 776, 155 Atl. 507; Peters, Mayor, v. Gough, 86 S.W. (2d) 515; Village of Mill Ne......
-
Village of Larchmont v. Sutton
...to the layman, and not to one familiar with the niceties of the law. Palmer v. Mann, 206 App.Div. 484, 201 N.Y.S. 525, affirmed 237 N.Y. 616, 143 N.E. 765. Generally, the notice should be given in such form as would be reasonably adapted to inform the public that the subject matter will be ......