# Third Brevoort Corp. v. Board of Standards & Appeals

> New York Court of Appeals · September 28, 1972 · 31 N.Y.2d 665

URL: https://www.frixlaw.com/law-library/cases/5527779

## Case

- **Full name:** In the Matter of Third Brevoort Corporation v. Board of Standards and Appeals of the City of New York, Wienerwald 8th Street, Inc., Intervenor-Respondent
- **Court:** New York Court of Appeals
- **Decided:** September 28, 1972
- **Citations:** 31 N.Y.2d 665; 336 N.Y.S.2d 901; 288 N.E.2d 804; 1972 N.Y. LEXIS 1094
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5527779

## Opinion text

Motion to amend remittitur granted^ Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein, there was presented and necessarily passed upon a -question under the Constitution lof the United States, viz.: Petitioner-appellant argued that the complained of action by the Board of Standards and Appeals of the City of New York deprived it of property rights without due process of law, in violation of the Fourteenth Amendment of the Constitution of the United States, by amending, at the instance of a subtenant of a fraction of its premises, without notice to petitioner-appellant and without affording it an opportunity to be heard, a 1955 zoning resolution variance under which petitioner-appellant’s 19-story block-long building was constructed, and which related to no other -premises. The Court of Appeals considered that contention and held that the amendment, without notice to petitioner-appellant, and without opportunity to it to be heard, did not violate petitioner-appellant’s rights under the Fourteenth Amendment of the Constitution of the United States. [See 30 N Y 2d 916.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5527779. Public record. Not legal advice.