MATTER OF 149 FIFTH AVENUE CORP. v. CHIN


305 A.D.2d 194 (2003)

759 N.Y.S.2d 455

In the Matter of 149 FIFTH AVENUE CORP., Respondent, v. JAMES CHIN et al., Appellants.

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

Decided May 13, 2003.


The evidence of record shows that, as early as 1923, a large advertising sign was painted on the north facade of the building now owned by petitioner located at 149 Fifth Avenue. The sign remained on the building facade for decades and although its continued presence was not consistent with a subsequently enacted zoning resolution, the sign was permitted to remain as a protected nonconforming use. Respondent BSA, however, held herein the protection accorded the sign forfeited...

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