New York Court of Appeals

Frances F. Marcus, Appellants v. Village of Mamaroneck, Defendant, and Bankers Trust Company, as Trustee, Et…

July 24, 1940283 N.Y. 325

Summary

The New York Court of Appeals affirmed the Special Term injunction against the owners of a beach club, holding that the defendants violated the village zoning ordinance by enlarging a non‑conforming use beyond the 50% assessed‑value limit, by operating without a required certificate of occupancy, and that the plaintiffs were not barred by laches, had standing, and were not foreclosed by res judicata.