Town of Beekman v. Cooper

Appellate Division of the Supreme Court of New York

Town of Beekman v. Cooper

242 A.D.2d 529, 662 N.Y.S.2d 270, 1997 N.Y. App. Div. LEXIS 8570

Appellate Division of the Supreme Court of the State of New York·Decided September 8, 1997·Published

Opinion

In an action to permanently enjoin the defendants’ alleged illegal use of property, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered June 6, 1996, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the defendants [530] met their burden of establishing a legal nonconforming use (see, Matter of Toys “R” Us v Silva, 89 NY2d 411; Matter of Province of Meribah Socy. of Mary v Board of Zoning Appeals, 148 AD2d 512, 514).

The plaintiffs remaining contentions are without merit. O’Brien, J. P., Sullivan, Altman and McGinity, JJ., concur.

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In an action to permanently enjoin the defendants’ alleged illegal use of property, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered June 6, 1996, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the defendants [530] met their burden of establishing a legal nonconforming use (see, Matter of Toys “R” Us v Silva, 89 NY2d 411; Matter of Province of Meribah Socy. of Mary v Board of Zoning Appeals, 148 AD2d 512, 514).

The plaintiffs remaining contentions are without merit. O’Brien, J. P., Sullivan, Altman and McGinity, JJ., concur.

Town of Beekman v. Cooper, 242 A.D.2d 529, 662 N.Y.S.2d 270, 1997 N.Y. App. Div. LEXIS 8570 (N.Y. Ct. App. 1997).

Pincite

242 A.D.2d 529 (Town of Beekman v. Cooper) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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