New York Real Estate Law Reporter

Two companion decisions issued by the Appellate Division, Second Department, on July 29, 2026, provide the clearest appellate guidance to date on the boundary between New York’s statewide cannabis licensing framework and local land-use authority to regulate cannabis dispensaries.

Trespass and Nuisance Claims Against Easement-Holding Stadium Survive Motion to DismissEvidence Supports Invalidity of DeedReferee’s Partition Support ConfirmedAttorney General’s Motion To Stay Partition Action UpheldConstructive Trust Claim Not Subject to Statute of Frauds

Condemnation Serves a Public Purpose

Service of Notice of Termination Precludes Nonpayment ProceedingRemand for Consideration of Fraud Claim In Rent Overcharge Action

Grant of Temporary License to Developer UpheldSite Plan Denial Improperly Based On Community Opposition