(Download) "Matter Edmund H. Fulling Et Al. v. Joseph L. Palumbo" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Edmund H. Fulling Et Al. v. Joseph L. Palumbo
- Author : Court of Appeals of New York
- Release Date : January 07, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Appellants are the contract vendors and vendees of a 9,500 square foot vacant lot, Lot 31, in a developed section of Bronxville. The vendors previously purchased and resided upon one of the two adjoining improved lots, Lot 33, also a 9,500 square foot parcel. Hence the lots were bought at different times. The vacant property was purchased in 1948 and apparently the two were never used and occupied as a single unit (a fence separated them). Both lots were fully conforming building lots until 1938 when the area was rezoned to require 10,000 square feet per parcel. However, both parcels were within the zoning law even after 1938 under a saving-clause in the ordinance providing an exemption from area requirements for separately owned lots. Appellant Fulling's later common ownership, commencing in 1948, did not have the benefit of this exemption. In 1953 the area requirement for lots in this residence district was increased to 12,000 square feet and this is the present requirement. The contract vendees have agreed to purchase Lot 31, contingent upon the issuance of an area variance and a building permit.