Newell v. Town of Clifton Park

—Weiss, J.

Appeal from that part of a judgment of the Supreme Court (Brown, J.), entered February 16, 1990 in Saratoga County, which, in a proceeding pursuant to CPLR article 78, dismissed respondents’ counterclaims.

On September 18, 1989, petitioner purchased from Robert Daly 2.2 acres of land located in a light industrial zone at the intersection of Ushers Road and State Route 9 in the Town of Clifton Park, Saratoga County. Daly had been issued a certificate of occupancy on September 10, 1986 and thereafter lawfully operated a business for the sale of automotive parts at wholesale and retail…