Legal Opinion

Carcuro v. Madigan

Appellate Division of the Supreme Court of the State of New York

Decided October 9, 1986PublishedCited by 3 opinions

1Opinion of the Court

In February 1984, petitioner purchased premises in the City of Schenectady which had been operated as a tavern for some *29530 to 40 years prior to the former owner’s death in July 1983. The neighborhood where the tavern was located had been zoned residential since at least 1955 and, therefore, the tavern was a nonconforming use. In July 1984, the city adopted a new zoning ordinance which provided, in essence, that if a nonconforming use was discontinued for a period of one year, it would be deemed abandoned. After purchasing the property, petitioner apparently expended money in renovating the…

2Cases cited4 opinions

  1. MATTER OF CROSSROADS RECREATION v. BrozNew York Court of Appeals · 1958
  2. MATTER OF PARKMED ASSOCS. v. New York State Tax Comm'nNew York Court of Appeals · 1983
  3. Matter of Rosbar Co. v. Bd. of Appeals of the City of Long BeachNew York Court of Appeals · 1981
  4. Paplow v. MinskerAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by3 opinions

  1. Kontogiannis v. FrittsAppellate Division of the Supreme Court of the State of New York · 1987
  2. Concerned Citizens of Perinton, Inc. v. Town of PerintonAppellate Division of the Supreme Court of the State of New York · 1999
  3. Pantelidis v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2007

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