Appellate Division of the Supreme Court of New York, 1948

Shegda v. Village of Lancaster

Shegda v. Village of Lancaster
Appellate Division of the Supreme Court of New York · Decided May 5, 1948
273 A.D. 1049; 79 N.Y.S.2d 755; 1948 N.Y. App. Div. LEXIS 5902
Shegda v. Village of Lancaster

Opinion of the Court

Judgment reversed on the law and a new trial granted, without costs of this appeal to any party. Memorandum: There is nothing in this ordinance which specifically prohibits a “ convalescent home ” in a residential zone. There is insufficient evidence in the record upon which to base a determination as to whether the contemplated use of the property comes into conflict with the provisions of the Zoning Ordinance of the Village of Lancaster. All concur. (The judgment is for plaintiffs in an injunction action.) Present — Taylor, P. J., MeCurn, Love, Vaughan and Kimball, JJ.

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