INC. VILL. OF OLD WESTBURY v. ALLJAY FARMS, INC.


64 N.Y.2d 798 (1985)

Incorporated Village of Old Westbury, Respondent, v. Alljay Farms, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided February 5, 1985.


Attorney(s) appearing for the Case

Daren A. Rathkopf for appellants.

John M. Armentano and Dolores Fredrich for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs, to declare that defendants have a valid nonconforming use accessory to their single-family dwelling for the maintenance of defendants' own horses, even though they be racing horses, on the property and, as so modified, should be affirmed.

We agree with the Appellate Division, for the reasons stated in its memorandum (100...

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