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When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, 69 N.Y.2d 406, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations. However, in Hohman v. Town of Poestenkill, 2020 WL 20407, a case decided in January, the Third Department, following its own precedent, has held that no similar presumption arises with respect to SEQRA determinations, at least when the SEQRA determination does not arise in the context of zoning. The Third Department’s holding stands in contrast to Second Department cases applying the Sun-Brite rule to SEQRA determinations even outside the zoning context.
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What Happens to Surplus Funds in Tax Lien Foreclosures?
By Stewart E. Sterk
When a sale follows a municipality’s foreclosure on a tax lien, who is entitled to sale proceeds that exceed the amount of the tax lien?
By NYRE Staff
Landlord Did Not Waive No-Assignment Provision
Lease Renewal Option Unenforceable In the Absence of a Rent Term
Issues of Fact Remain About Landlord Tampering Recertification Process
Landlord Must Accept Security Deposit Vouchers from Human Resources Administration
Loft Unit Subject to Rent Regulation, But Four-Year Lookback Period Applies
Tenant Engaged In Illegal Short-Term Rentals
By NYRE Staff
Questions of Fact Remain About Whether Subsequent Mortgagee Had Actual Notice of Improperly Recorded Mortgage
Inadequate Proof to Establish Title By Adverse Possession
Discontinuance of Earlier Foreclosure Action Did Not Toll Statute of Limitations
Contract Vendee Adequately Alleged Improper Rescission By Seller
Subsequent Purchaser Proteced Against Deed to Lender
By NYRE Staff
Landowner Had Vested Right to Mine Parcel
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