Legal Opinion
Smith v. City of Albany
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 1985PublishedCited by 2 opinions
1Opinion of the CourtLevine, J.
Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered July 26, 1984 in Albany County, which, inter alia, denied defendant City of Albany’s motion to vacate a preliminary injunction issued against it.
Plaintiff acquired the property which is the subject of the instant appeal in 1976. Although the property had been in a residential zone since 1968, plaintiff has operated an automotive repair business in an existing garage on the premises almost since acquisition. Defendant City of Albany (City), however, has never sought to prevent that use of the garage and it is not…
2Cases cited4 opinions
- City of Yonkers v. Rentways, Inc.New York Court of Appeals · 1952
- La Porto v. Village of PhilmontNew York Court of Appeals · 1976
- B & G Constr. Corp. v. Bd. of Appeals of the Vill. of AmityvilleNew York Court of Appeals · 1955
- Town of Union v. J & M Pallet Co.Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by2 opinions
- Rural Community Coalition, Inc. v. Village of BloomingburgAppellate Division of the Supreme Court of the State of New York · 2014
- Muffler v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1992