38 A.D.2d 604 | N.Y. App. Div. | 1971
In an action for a declaratory judgment and injunctive relief with respect to certain real property in Massapequa, New York, defendants Avalon Yacht and Cabana Club, Inc., Ernest J. Burzumato and Robert A. Wilkinson appeal from a judgment of the Supreme Court, Nassau County, dated March 22, 1971, which (1) declared inter alia that a certain nonconforming use had been forfeited by reason of substantial alterations to the premises and the manner of their use since 1929 and (2) enjoined any nonconforming use. Judgment modified, on the law and the facts, so as (1) to declare the subject use a conforming use until January 27,1953, (2) to enjoin any enlargement of that use in time, manner or space, beyond that which existed on January 27, 1953, and (3) to strike therefrom all provisions inconsistent with items (1) and (2) hereof. As so modified, judgment affirmed, without costs. Before November 1, 1929 the subject premises were used as a community beach club. On that date the plaintiff town enacted its first build