• Features

    How Much Deference to Public Use Determinations?

    Stewart E. Sterk

    How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.

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  • Columns & Departments

    Development

    NYRE Staff

    Invalid Condition on Special Permit Does Not Invalidate Permit
    Landmark Commission’s Certificate of Appropriateness Upheld
    Area Variances Upheld
    Negative Declaration on Zoning Amendment Upheld
    BSA Misconstrued Curb Level Provision In Zoning Resolution

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  • Columns & Departments

    Real Property Law

    NYRE Staff

    Tax Deed Invalid for Inadequate Notice
    Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner’s Parcel

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  • Columns & Departments

    Landlord & Tenant Law

    NYRE Staff

    Ambiguities Prevent Summary Judgment In Action on Guaranty

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  • Columns & Departments

    Co-ops and Condominiums

    NYRE Staff

    Unit Owner Failed to Establish Full Title As Surviving Joint Tenant
    Association Denied Summary Judgment In Unit Owner’s Claim Of Improper Waiver of Dues

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  • Columns & Departments

    Eminent Domain Law

    NYRE Staff

    Claimant Not Entitled to Consequential Damages of Lack of Access

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