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Rent Credit for Delay Held Unenforceable As a Penalty Free People of PA v. Delshah 60 Ninth, LLC NYLJ 10/25/17, p. 21, col. 3 Supreme Ct., N.Y. Cty. (Ostrager, J.)
By Stewart E. Sterk
New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan.
Ownership of Shifting Beaches
Brokerage Commission Provision Expired
Adverse Possession/Tennis Court
Deed Obtained by False Pretenses
Negative Declaration/Time Bar
No Estoppel Against Village
Denial of Area Variance
Right to Rooftop Space