# Elliott v. Galvin

> New York Court of Appeals · July 3, 1973 · 33 N.Y.2d 594

URL: https://www.frixlaw.com/law-library/cases/5528468

## Case

- **Full name:** In the Matter of Osborn Elliott v. Thomas F. Galvin, Constituting the Board of Standards and Appeals of the City of New York
- **Court:** New York Court of Appeals
- **Decided:** July 3, 1973
- **Citations:** 33 N.Y.2d 594; 347 N.Y.S.2d 457; 301 N.E.2d 439; 1973 N.Y. LEXIS 1084
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 6 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/5528468

## Opinion text

Order reversed, without costs, and the judgment of Special Term reinstated in the following memorandum: The record supports the finding that the location of the zoning lot within two different zoning districts, as well as the irregular shape and small size of the 01-9 portion of the zoning lot constitute such ‘1 unique physical conditions ’ ’ which allow the granting of & variance within the meaning of section 72-21 of the New York City Zoning Resolution. The record also discloses that the Board of Standards and Appeals has made all of the other findings required of it by section 72-21 of the New York City Zoning Resolution, and we conclude that these findings are not arbitrary or contrary to law.
Concur: Judges Burke, Jasen, Gabrielli and Wachtler. Judge Jones dissents and votes to affirm upon the ground that there is no basis, on the record in this case, for a finding of the prerequisite ‘1 unique physical conditions ” as to this property. Taking no part: Chief Judge Fuld and Judge Breitel.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5528468. Public record. Not legal advice.