INC. VILL. OF MUTTONTOWN v. FRISCIA


38 A.D.2d 737 (1972)

Incorporated Village of Muttontown, Respondent, v. Louise Friscia et al., Appellants

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

January 24, 1972


Judgment and orders affirmed insofar as appealed from, with one bill of costs.

In our opinion, defendants failed to prove that, as a lawful nonconforming use, they were entitled to use part of their premises as a commercial stable. Defendants neither proved that the use existed at the time of plaintiff's enactment of a zoning ordinance in November, 1954 nor that the use was substantial (People v. Miller, 304 N.Y. 105; Matter...

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