TOYS "R" US v. SILVA


229 A.D.2d 308 (1996)

646 N.Y.S.2d 91

Toys "R" Us, Respondent, v. Gaston Silva, as Chair of The Board of Standards and Appeals of the City of New York, Appellant, Joel A. Miele, Sr., as Commissioner of Buildings of the City of New York, Respondent, and Colette Coffman et al., Intervenors-Appellants

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

July 2, 1996


There is no dispute that petitioner's predecessor did maintain some actual nonconforming storage activity in the subject premises, now zoned residential, during the relevant time period. What is disputed is whether the extent of this activity, which was undertaken specifically in order to maintain the use status of the premises during a period that actual business operations had been shifted to other warehouses while this warehouse was being marketed, was sufficient to escape...

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