Summary
In Rollins v. Armstrong (251 N.Y. 349) we held that the front of a building is not determined by the position in which that building is erected on the lot.
Summary of this case from Single v. WhitmoreOpinion
Argued June 7, 1929
Decided July 11, 1929
Appeal from the Supreme Court, Appellate Division, Second Department.
James Taylor Lewis for appellant.
Harry J. Laragh, Corporation Counsel ( Charles S. Witwer of counsel), for respondent.
The front wall of the building within the meaning of the zoning ordinance of the city of Yonkers is the one fronting on the street, and not the one designated by the builder as the front.
The record does not adequately present the question whether in computing the height of the front wall where the building does not immediately adjoin the street, the average level of the lot is to be taken as the base in accordance with the Building Code.
The order should be affirmed with costs.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Order affirmed.