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MATTER OF YUNG BROTHERS REAL ESTATE CO., INC. v. LIMANDRI

6787, 111986/09.

92 A.D.3d 508 (2012)

938 N.Y.S.2d 425

2012 NY Slip Op 1114

In the Matter of YUNG BROTHERS REAL ESTATE CO., INC., et al., Petitioners, v. ROBERT D. LIMANDRI, as Commissioner of the New York City Department of Buildings, et al., Respondents.

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

Decided February 14, 2012.

The ALJ correctly found that, to demonstrate their right to maintain the nonconforming advertising sign on their premises, petitioners were required to show that there was an advertising sign on the premises at the time the ordinance prohibiting advertising signs took effect (see Matter of Syracuse Aggregate Corp. v Weise, 51 N.Y.2d 278, 284 [1980]). The ALJ's determination that petitioners failed to make this showing is supported...

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