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Town of Beekman v. Cooper

242 A.D.2d 529 Court N.Y. App. Div. Decision date 1997-09-08 English

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p. 529
Town of Beekman, Appellant, v Wayne Cooper et al., Respondents.
[662 NYS2d 270]

In an action to permanently enjoin the defendants’ alleged illegal use of property, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered June 6, 1996, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the defendants

p. 530
met their burden of establishing a legal nonconforming use (see, Matter of Toys “R” Us v Silva, 89 NY2d 411 ; Matter of Province of Meribah Socy. of Mary v Board of Zoning Appeals, 148 AD2d 512 , 514).

The plaintiffs remaining contentions are without merit. O’Brien, J. P., Sullivan, Altman and McGinity, JJ., concur.

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