In the Matter of 303 West 42nd Street Corporation v. Joseph B. Klein, as Chairman of the Board of Standards and Appeals

Summary

The Court held that a party alleging discriminatory enforcement of a valid law must show a reasonable probability of success on the merits, which triggers a mandatory evidentiary hearing before a judicial tribunal; the Special Term erred in dismissing the claim without such a hearing, so the decision was reversed and remanded for a hearing. Justice Gabrielli dissented, arguing the claim was meritless and that the petitioner had failed to exhaust administrative remedies.