Legal Opinion
Toys" R" US v. Silva
New York Court of Appeals
Decided December 20, 1996PublishedCited by 158 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The New York City zoning laws prohibit continuation of a nonconforming use if, during a two-year period, "the active operation of substantially all the non-conforming uses * * * is discontinued” (New York City Zoning Resolution § 52-61). This case presents a novel question of statutory construction: what is the appropriate legal standard to determine whether a nonconforming use has been discontinued under the Zoning Resolution? Contrary to the trial court and Appellate Division, we conclude that substantial — rather than complete— discontinuation of the…
2Cases cited15 opinions
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- Fuhst v. FoleyNew York Court of Appeals · 1978
- Collins v. CoddNew York Court of Appeals · 1976
- Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
- MATTER OF HARBISON v. City of BuffaloNew York Court of Appeals · 1958
10 more not listed; retrieve them via the Exa API.
3Cited by158 opinions
- Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997
- Copantitla v. Fiskardo Estiatorio, Inc.District Court, S.D. New York · 2011
- Matter of Haug v. State Univ. of N.Y. at PotsdamNew York Court of Appeals · 2018
- Doo Nam Yang v. ACBL CORP.District Court, S.D. New York · 2005
- Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
153 more not listed; retrieve them via the Exa API.