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COMM'R OF CMTY. DEV. OF THE CITY OF ROCHESTER v. COHEN

115 A.D.2d 277 (1985)

Commissioner of Community Development of the City of Rochester, Respondent, v. Leon Cohen et al., Appellants

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

November 15, 1985

Judgment unanimously affirmed, without costs.

Memorandum:

Respondent property owners did not object to petitioner's seeking to enjoin allegedly illegal uses of their property by commencing a special proceeding in Supreme Court, Housing Part. Respondents answered the petition on the merits and set forth an affirmative defense that the uses complained of were valid preexisting nonconforming uses. Because no objection...

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