Incorporated Village of Old Westbury v. All-Jay Farms, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs, to declare that defendants have a valid nonconforming use accessory to their single-family dwelling for the maintenance of defendants’ own horses, even though they be racing horses, on the property and, as so modified, should be affirmed.

We agree with the Appellate Division, for the reasons stated in its memorandum (100 AD2d 574), that defendants do not have a legal nonconforming use for a commercial horse farm, and conclude that defendants have not sustained their heavy burden of demonstrating…