Posted by: Patricia Salkin | June 6, 2013

NY Appellate court Upholds Injunction to Stop Operation of Vehicle Repair Shop

Following revocation of a special permit to operate a motor vehicle repair shop at the subject premises, the Village sought, and was granted, a permanent injunction to prevent the use since the defendants continued to operate the shop despite the permit revocation.  The appellate court upheld the permanent injunction since the Village established that the owner was operating the shop in violation of the law.  The Village submitted to the Court the applicable provisions of its Code, the revoked special permit, the zoning board’s determination to revoke the permit, and an affidavit from the Village’s Superintendent of Buildings stating, among other things, that the shop continued to operate despite the revocation.

Incorporated Village of Sea Cliff v Larrea, 106 A.D. 3d 876, 965 N.Y.S. 2d 552 (2 Dept. 5/15/2013)

The opinion can be accessed at:  http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2013/D38246.pdf


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