SMITH v. CITY OF ALBANY


115 A.D.2d 825 (1985)

John J. Smith, Respondent, v. City of Albany, Appellant, and James Tobin et al., Intervenors-Appellants

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

December 5, 1985


Levine, J.

Plaintiff acquired the property which is the subject of the instant appeal in 1976. Although the property had been in a residential zone since 1968, plaintiff has operated an automotive repair business in an existing garage on the premises almost since acquisition. Defendant City of Albany (City), however, has never sought to prevent that use of the garage and it is not in issue in the present litigation. In October 1982, plaintiff decided...

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