Legal Opinion
Mason v. Department of Buildings
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 2003PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Tom, J.P.
Resolution of this case turns on how we apply the term “home occupation” insofar as it is defined in the New York City Zoning Resolution. As will be discussed below, the Zoning Resolution allows for certain narrowly defined nonconforming uses, for residential premises, denoted “home occupations,” which are incidental to the residential use, as a reflection of economic and demographic trends in the 1970s and early 1980s and to achieve certain policy goals. The New York City ordinance must be analyzed in the context of related provisions of the New York State…
2Cases cited10 opinions
- New York Botanical Garden v. Board of Standards & AppealsNew York Court of Appeals · 1998
- Exxon Corp. v. Board of StandardsAppellate Division of the Supreme Court of the State of New York · 1987
- City of New York v. Stringfellow's of New York, Ltd.Appellate Division of the Supreme Court of the State of New York · 1999
- Criscione v. WallaceAppellate Division of the Supreme Court of the State of New York · 1988
- People v. Cully Realty, Inc.Appellate Terms of the Supreme Court of New York · 1981
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3Cited by3 opinions
- Matter of Franklin St. Realty Corp. v. NYC Envtl. Control Bd.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Franklin St. Realty Corp. v. NYC Envtl. Control Bd.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Peyton v. New York City Bd. of Stds. & AppealsAppellate Division of the Supreme Court of the State of New York · 2018