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Judicial oversight in the environmental review process presents a regular zone of conflict both nationally and within New York State. Since the enactment of the National Environmental Policy Act (NEPA) in 1970, which spawned the subsequent enactment of state “Little NEPA’s,” questions of what issues must be analyzed, how substantive that review must be, and the degree of deference given to the agency conducting the review have continued to drive litigation, increasing the costs and dramatically expanding the schedule for projects requiring a discretionary governmental action. The New York Court of Appeals has long established that an agency’s assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action.
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By Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
Seller Denied Summary Judgment on Purchaser’s Fraudulent Inducement Claim
Fraudulent Transfer Claim Reinstated
Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water
Supreme Court Improperly Denied Specific Performance to Purchasers
Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee
Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale
Judgment Lien Enforced Despite Error In Docketed Amount
Tenant Entitled to Terminate Lease When Premises Were Not Broom Clean
Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable
By NYRE Staff
Use Variance Denial Upheld