People ex rel. Arseekay Syndicate, Inc. v. Connell

Order modified so as to provide that when circumstances so change by development of the neighborhood that the property in question is reasonably susceptible of being applied to a conforming use, then, upon the application of the authorities or any one interested, the gasoline station must be removed; and, as so modified, unanimously affirmed, with costs to respondent. In our opinion, the use of this property for a gasoline station should be only temporary and limited to the present state of development of the neighborhood and should be discontinued when circumstances so change as to reasonably permit a conforming use. (People ex rel. St. Albans-S. Corp. v. Connell, 257 N. Y. 73, 83.) Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.