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MATTER OF VAN WAGNER COMMUNICATIONS, LLC v. BOARD OF STANDARDS & APPEALS OF CITY OF N.Y.

610, 100085/14.

137 A.D.3d 650 (2016)

26 N.Y.S.3d 860

2016 NY Slip Op 02165

In the Matter of VAN WAGNER COMMUNICATIONS, LLC, Respondent, v. BOARD OF STANDARDS AND APPEALS OF THE CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 24, 2016.

The determination that an "art installation" that was displayed between 1979 and 1989 on the 4,500 square-foot wall sign, now owned by petitioner, was not an "advertising sign" within the meaning of New York City Zoning Resolution § 12-10, and therefore that the legal nonconforming advertising sign use of the sign was discontinued pursuant to Zoning Resolution § 52-61, involved "a pure legal question that does not mandate deference to the BSA" (Matter of Toys...

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