Appellate Division of the Supreme Court of the State of New York July 5, 1967 (Bexson v. Board of Zoning & Appeals)

*849Christ, Acting P. J., Hopkins and Munder, JJ., concur; Benjamin, J., dissents with the following memorandum, in which Brennan, J., concurs; Petitioner maintains that there are practical difficulties and unnecessary hardships in requiring strict compliance with the ordinance, in that no legal use can be made of the property and that, unless use is allowed, the constitutional protection against