In the Matter of Tilly Levy, Appellant, Against the Board of Standards and Appeals of the City of New York…

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the Special Term, holding that the Board of Standards and Appeals exceeded its statutory authority by granting a variation for a gasoline service station. The court required a showing of a peculiar hardship to the individual owner and harmony with the zoning ordinance's general purpose, which the record failed to demonstrate.