MATTER OF COUNTRY SAM INC. v. BENNETT


192 A.D.2d 448 (1993)

597 N.Y.S.2d 13

In the Matter of Country Sam Inc., Appellant, v. Roger H. Bennett et al., Respondents

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

April 22, 1993


Respondent's revocation of the permit was based on a rational interpretation of the definition of "enlargement" found in New York City Zoning Resolution § 12-10 as "an increase in that portion of a tract of land occupied by an existing use." Clearly a backyard patron waiting area might increase the non-conforming use of these premises as a restaurant by drawing larger crowds and traffic into this residentially zoned area. Petitioner's argument that the act of waiting...

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