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TWO WHEEL CORP. v. FAGIOLA

96 A.D.2d 1098 (1983)

Two Wheel Corp., Appellant, v. Peter M. Fagiola, as Building Inspector of The Incorporated Village of Mineola, et al., Respondents

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

September 26, 1983

Order affirmed, with costs.

As Special Term correctly ruled, summary judgment cannot properly be awarded to the plaintiff on its first cause of action because of the existence of a triable issue of fact, namely, whether the plaintiff's failure to resume its nonconforming use of the subject premises within the six-month period fixed by subdivision H of section 60-3 of article III of the Code of Ordinances of the Village of Mineola was caused by unlawful acts of the...

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