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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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The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements
By Bruce H. Lederman
At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, the recent Court of Appeals decision, The Trustees of Columbia University v D’Agostino Supermarkets, Inc., provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.
By Stewart Sterk
Use Variance Not Necessary for Use of Home As AirBnB Rental
Merger of Back-to-Back Lots
By Stewart Sterk
Stranger to the Deed Rule Does Not Bar Easement Claim
Misconduct By Mortgagor’s Lawyer Voids Foreclosure Sale
Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement
Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
By Stewart Sterk
Mother Entitled to Partition of Co-Op Apartment
Contract Vendee Lacks Standing to Enforce Proprietary Lease Provision
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