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Environmental Judgment Matter of Friends of P.S. 163, Inc. v. Jewish Home Lifecare, Manhattan NYLJ 1/23/17, p. 18, col. 6 AppDiv, First Dept. (3-1 decision; majority memorandum; dissenting opinion by Gesmer, J.)
By Steven M. Silverberg
Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses
The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.
Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention
Court Dismisses Tortious Interference Claim By Holder of First Refusal
Easement Enforceable Despite City Register’s Failure to Index the Easement Against Newly Created Lot
Liquidated Damages Provision Not an Unenforceable Penalty
Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship
Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name
Predecessor Landlord Waived Prohibition on Subleases and Assignments
By Lisa Clare Kombrink
The Appellate Division, Second Department, recently decided Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality.