• Features

    First Department Construes Open Space Requirement

    Stewart E. Sterk

    In Peyton v. New York City Board of Standards and Appeals, the First Department faced a difficult question: when a zoning lot includes more than one building, can open space accessible to residents of one building, but not to residents of the other buildings, count as open space within the meaning of the New York City Zoning Resolution?

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  • Columns & Departments

    Landlord & Tenant

    Tenant’s Contractor Has Lien Against Landlord’s Interest
    Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor
    Landlord Bound By Rent Mistakenly Set By Temporary Receiver

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  • Columns & Departments

    Real Property Law

    Lot Owner Lacks Standing to Compel Payment of Assessments
    No Foreclosure Jurisdiction Over Deceased Owners
    Questions of Fact Preclude Summary Judgment on Claims of Easement By Necessity and Prescription

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  • Columns & Departments

    Development

    Zoning Board Bound By Prior Determination
    Planning Board Had Rational Basis to Require Church to Record an Easement
    Special Permit Denial Overturned
    Restrictive Zoning Ordinance Sustained Against Multiple Challenges

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