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New York Court of Appeals, 1980

Peekskill Suburbs, Inc. v. Morabito

Peekskill Suburbs, Inc. v. Morabito
New York Court of Appeals · Decided November 18, 1980 · Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
51 N.Y.2d 941; 415 N.E.2d 977; 434 N.Y.S.2d 989; 1980 N.Y. LEXIS 2775

Peekskill Suburbs, Inc. v. Morabito

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On this record, it cannot be said that petitioner has established a legal infirmity in the denial of the change of zoning. Nor can we conclude that the refusal to grant the change is confiscatory, especially since the property is the subject of nonconforming uses which were not alleged or shown to be without economic value.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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