Rorie v. Woodmere Academy

Lazer, J. P.,

concurs as to the reversal of the judgment insofar as appealed from, but otherwise dissents and votes to grant judgment in favor of the plaintiffs to the extent of enjoining defendant from operating a summer day camp on its property, with the following memorandum: Although I agree that a reversal is indicated upon the ground that the defendant’s proposed summer program is a day camp thus constituting an impermissible use of its premises, I do not believe that it is necessary or proper to remit the matter for a determination on the issue of nonconforming use. In nonjury cases it…