Rice v. Van Vranken
| Citation | 175 N.E. 304,255 N.Y. 541 |
| Parties | Edwin W. RICE, Jr., et al., Respondents, v. George W. VAN VRANKEN, Appellant. |
| Decision Date | 18 November 1930 |
| Court | New York Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (225 App. Div. 179, 232 N. Y. S. 506), entered February 28, 1929, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The action was to restrain the defendant from erecting apartment houses upon premises in the city of Schenectady, at the corner of University place, Union avenue, and Park avenue, on the ground that the premises were located in a district restricted against use for apartment houses by a zoning ordinance of the city which became effective after the issuance of a permit for said construction but before any work had been commenced on the building.
George B. Smith, of Schenectady, for appellant.
Chatfield T. Bates, of Schenectady, for respondents.
Judgment affirmed, with costs.
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