INC. VILL. OF MINEOLA v. CYCLE OUTLET CORP.


81 A.D.2d 633 (1981)

Incorporated Village of Mineola, Respondent, v. Cycle Outlet Corp. et al., Appellants

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

April 20, 1981


Judgment affirmed, without costs or disbursements.

Assuming, arguendo, that the trial court imposed upon defendants an unduly strict burden of proving that their present activities were but an extension of a valid prior nonconforming use, in view of the court's findings of fact specifically crediting the testimony of plaintiff's witnesses which refuted defendants' contention, it is apparent that defendants did not sustain their burden by a preponderance of...

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