149 Fifth Avenue Corp. v. Chin

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered March 26, 2002, which granted the application pursuant to CPLR article 78 to annul the determination by respondent New York City Board of Standards and Appeals (BSA), dated August 7, 2001, that petitioner’s nonconforming use had been discontinued, unanimously affirmed, without costs.

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…