City of Yonkers v. Rentways, Inc.

Appellate Division of the Supreme Court of New York

City of Yonkers v. Rentways, Inc.

280 A.D. 821, 113 N.Y.S.2d 803, 1952 N.Y. App. Div. LEXIS 3814

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 23, 1952

StatusPublished

Cited by1 cases

This text of 280 A.D. 821 (City of Yonkers v. Rentways, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Yonkers v. Rentways, Inc., 280 A.D. 821, 113 N.Y.S.2d 803, 1952 N.Y. App. Div. LEXIS 3814 (N.Y. Ct. App. 1952).

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Opinion

Defendants Devonshire Lane Service, Inc., Edward Lampl and Henry Lampl appeal from a judgment which enjoined them from operating or storing business and commercial trucks and vehicles over or upon a vacant lot owned by the defendants Lampl; and from permitting or causing to be permitted the use of such vacant lot as an entrance to or exit from adjoining premises or the building thereon owned by said defendants Lampl, located in a business district; and from maintaining tanks for the storage of gasoline upon said vacant lot. Judgment unanimously affirmed, with costs. The decision and formal findings of fact made by the Official Referee are supported by the evidence and are not contrary to the weight thereof. The use to which the vacant lot was put was a business or commercial use (Village of Great Neck Estates v. Bemak & Lehman, 128 Mise. 441, revd. 223 App. Div. 853, affd. 248 N. Y. 651) not permitted by respondent’s zoning ordinance, which it was empowered to adopt. (General City Law, § 20, subd. 25.) Present — Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ.

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Defendants Devonshire Lane Service, Inc., Edward Lampl and Henry Lampl appeal from a judgment which enjoined them from operating or storing business and commercial trucks and vehicles over or upon a vacant lot owned by the defendants Lampl; and from permitting or causing to be permitted the use of such vacant lot as an entrance to or exit from adjoining premises or the building thereon owned by said defendants Lampl, located in a business district; and from maintaining tanks for the storage of gasoline upon said vacant lot. Judgment unanimously affirmed, with costs. The decision and formal findings of fact made by the Official Referee are supported by the evidence and are not contrary to the weight thereof. The use to which the vacant lot was put was a business or commercial use (Village of Great Neck Estates v. Bemak & Lehman, 128 Mise. 441, revd. 223 App. Div. 853, affd. 248 N. Y. 651) not permitted by respondent’s zoning ordinance, which it was empowered to adopt. (General City Law, § 20, subd. 25.) Present — Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ.

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Bluebook (online)

280 A.D. 821, 113 N.Y.S.2d 803, 1952 N.Y. App. Div. LEXIS 3814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-yonkers-v-rentways-inc-nyappdiv-1952.

Opinion

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