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MASON v. APPLE VALLEY SPEEDWAY, INC.

239 A.D.2d 870 (1997)

661 N.Y.S.2d 571

Lorraine Mason et al., Respondents, v. Apple Valley Speedway, Inc., et al., Appellants. Spencer Speedway, Inc., et al., Intervenors-Appellants. (Action No. 1.) Town of Williamson et al., Respondents, v. Apple Valley Speedway, Inc., et al., Appellants. Spencer Speedway, Inc., et al., Intervenors-Appellants. (Action No. 2.)

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

May 30, 1997

Amended order and judgment affirmed with costs for reasons stated in decision at Supreme Court, Strobridge, J.

Lawton and Fallon, JJ. (dissenting in part).

We respectfully dissent in part. We agree with the findings of Supreme Court that Apple Valley Speedway, Inc., as operated since 1993 constituted both a private nuisance and an impermissible expansion of a nonconforming use (see, Northern Westchester Professional Park Assocs. v Town of Bedford...

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