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CITY OF YONKERS v. RENTWAYS, INC.

280 A.D. 821 (1952)

City of Yonkers, Respondent, v. Rentways, Inc., Defendant, and Devonshire Lane Service, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 23, 1952.

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 Misc. 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...

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