New York Court of Appeals
In the Matter of Raritan Development Corp., Appellants v. Gaston Silva, Respondents
October 28, 199791 N.Y.2d 98
Summary
The Court of Appeals held that under New York City Zoning Resolution § 12‑10, cellar space is expressly excluded from the floor‑area numerator of the floor‑area‑ratio calculation, even when used as a dwelling, and therefore reversed the Board of Standards and Appeals' interpretation. The decision rests on the plain‑meaning rule and declines to defer to the agency where the statutory language is clear. Justice Levine dissented, arguing that the court should give greater weight to legislative intent and history.