Village of Great Neck Estates v. Bemak & Lehman, Inc.

Majority

p. 651

Village of Great Neck Estates, Respondent, v. Bemak & Lehman, Inc., et al., Appellants, Impleaded with Another.

Headnote

Real property — municipal corporations ■— villages — zoning law —■ action to enjoin use of real property for business purposes in violation of zoning ordinance.

Village of Great Neck Estates v. Bemak & Lehman, Inc., 223 App. Div. 853 , affirmed.

(Argued June 20, 1928;

decided July 19, 1928.)

Appeal from a judgment, entered May 9, 1928, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The action was to restrain the defendants from using certain premises situated in a residence “ C ” district in the village of Great Neck Estates and owned by the defendants Isaac J. and Josephine K. Bemak, for business purposes in violation of the zoning ordinance of the village.

p. 652

Joseph Steven Frank and Erastus J. Parsons for appellants.

Alfred C. B. McNevin and Edward S. Bentley for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.