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Summons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons
Matter of Karakash v. Del Valle NYLJ 3/15/21, p. 18, col. 4 AppDiv, First Dept. (Opinion by Oing, J.)
In landowner's hybrid article 78 proceeding/declaratory judgment action challenging a DOB (Department of Buildings) summons for using commercial premises in violation of the zoning ordinance, landowner contested a determination by the New York City Office of Administrative Trials and Hearings (OATH). The Appellate Division upheld the determination, concluding that the summons was not duplicative of an earlier summons and that landowner's use did not qualify as a pre-existing nonconforming use.
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