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Features
When a state court dismissed a landowner’s article 78 proceeding challenging a zoning determination, can the landowner then bring an action in federal court raising federal constitutional challenges to the same determination?
Features
Ejectment Action Requires Six Months’ Notice Even Though Tenancy Was Month-to-MonthLandlord Claims for Lease Violation Not Barred By Prior Holdover Proceeding In Civil CourtFailure to Submit Evidence That Landlord Served Notice Precludes Summary Judgment On Ejectment ClaimLandlord Failed to Establish That Overcharge Was Not WillfulTenant Adequately Alleged That Rent Concessions Were Preferential Rents
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Condominium Buyer Failed to Demonstrate Lawful Excuse for Failure to Perform
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Challenge to Positive SEQRA Declaration Not RipeZoning Board of Appeals Failed to Properly Apply Statutory Balancing Test for Area Variance
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Challenge to Tax Deed Remanded for Consideration of Constitutional IssuesBroker Not Entitled to Commission When Loan Obtained Without Broker’s InvolvementCity Can Remove Canopies Attached to Buildings Without Landowner Consent