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Town Law Section 272-a(11) requires that all town land use regulations be in accordance with a comprehensive plan “adopted pursuant to this section.” Village Law section 7-722(11) includes a virtually identical provision for village land use regulations. Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance? In Bovee v. Town of Hadley Planning Board, 160 AD3d 1102, decided in April, the Third Department upheld a site plan review statute, once again calling into question whether the statutory requirement of a “comprehensive plan” has any teeth.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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