Village of Tarrytown v. Tappan Airways, Inc.

In a summary proceeding to recover possession of real property leased by respondent to appellant, because of the use of the premises by appellant’s subtenant for purposes not permissible under respondent’s zoning ordinance, the appeal is from a final order of the County Court, Westchester County, in favor of respondent. Order unanimously affirmed, with costs. Appellant failed to establish that the zoning-ordinance, insofar as it affects the demised premises, is unconstitutional. (Cf. Rodgers v. Village of Tarrytown, 302 N. Y. 115, 121, and cases cited therein.) Respondent may not waive the…