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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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Can Parties Stipulate As to Whether An Apartment Is Rent-Stabilized?
By NYRE Staff
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to “agree” in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
By NYRE Staff
Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond
Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges
Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud
Failure to Inspect Premises Precludes Purchasers’ Claim for Fraud
Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty
By NYRE Staff
Sponsor Liable for Fraudulent Conveyance to Related Entities
President of Unincorporated Condominium Association Not Entitled to Indemnification Legal Malpractice Claim Dismissed
Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws
By NYRE Staff
Village Lacked Power to Obligate Village Board to Enact Zoning Amendments
Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use
Neighbor’s Challenge to Approval of A Building Permit Dismissed As Untimely
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