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VILL. OF TARRYTOWN v. TAPPAN AIRWAYS, INC.

283 A.D. 803 (1954)

Village of Tarrytown, Respondent, v. Tappan Airways, Inc., Appellant, and Anchor Motor Freight N. Y. Corp., Subtenant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 8, 1954.

Order unanimously affirmed, with costs.

Appellant failed to establish that the zoning ordinance, insofar as it affects the demised premises, is unconstitutional. (Cf. Rodgers v. Village of Tarrytown, 302 N.Y. 115, 121, and cases cited therein.) Respondent may not waive the illegal use and, under the circumstances disclosed, is not estopped from asserting such illegality. (Cf. Matter of A. C. Nurseries v. Brady, 278 App...

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