Two Wheel Corp. v. Fagiola

— In an action, inter alia, for a judgment declaring that plaintiff may lawfully occupy certain premises as a nonconforming use, plaintiff appeals from an order of the Supreme Court, Nassau County (Young, J.), dated December 11,1981, which denied its motion for summary judgment on its first cause of action. Order affirmed, with costs. As Special Term correctly rúled, summary judgment cannot properly be awarded to the plaintiff on its first cause of action because of the existence of a triable issue of fact, namely, whether the plaintiff’s failure to resume its nonconforming use of the subject…