MARTINO v. TOWN OF BERGEN


98 A.D.2d 968 (1983)

Agatha Martino et al., Appellants, v. Town of Bergen et al., Respondents

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

December 16, 1983


Judgment unanimously affirmed, without costs.

Memorandum:

In this action seeking a declaratory judgment as to a nonconforming use, plaintiffs appeal from a judgment which dismisses their complaint and grants defendants' counterclaim enjoining them from using a portion of the premises as an automobile junkyard. The determination of the court following a nonjury trial that plaintiffs did not establish a prior nonconforming use to the portion of their property...

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