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In Matter of Avella v. City of New York, NYLJ 6/7/17, p. 22., col. 1., the Court of Appeals enjoined development of a retail mall on what is now Citi Field’s parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Although the entire court agreed that the public trust doctrine prohibits alienation of parkland without legislative authorization, Chief Judge Janet DiFiore differed with her colleagues about whether the legislature had — more than 50 years ago — provided the necessary authorization.
By Timothy Hill
In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.
Neighborhood Garden Users May Establish Adverse Possession Claim
Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period
Law Firm Not Liable to Non-Client for Turnover of Escrow Funds
Law Firm Not Exempt From Claim Under RPL 265-B
Presumption of Due Execution Rebutted
Title Insurance Regulation Annulled
City Not Estopped to Object to Nonconforming Building
Lawyer Advertising Billboards Not Treated As Onsite Advertisements
Town Not Obligated to Consider Zoning Amendment
East Harlem Rezoning Upheld
Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases
Unlawful Entry and Detained Proceeding Requires Proof of Possession