Carriage House Realty Co. v. Municipal Corp.

By summons and verified complaint, plaintiff sets forth two causes of action against defendants. In its first cause of' action, plaintiff asserts that a certain complex of stores, built by AYR Realty Corporation (AYR) on property in the City of Yonkers (Yonkers) leased by AYR on a long-term 50-year lease from the Central Arcade Corporation, constitutes a “designed shopping center ” as delineated in section 107-19 of the Yonkers Zoning Ordinance (General Ordinance 24-1968), for which the ordinance mandates the procurement of a special exception use permit (BETJP) and that such SETJP was not…