In Rockwell v Despart (87 Misc3d 233 [Sup Ct, Albany County 2025]), the trial court extinguished and declared unenforceable a restrictive covenant that the subject property remain “forever wild” in the loving memory of a decedent. The covenant was supposed to “run with the land,” and a subsequent purchaser was well-aware of the covenant
New York Civil Practice Law and Rules § 9802 is a condition precedent that imposes a strict notice-of-claim requirement on parties pursuing contractual claims against the State’s incorporated villages. Notice of claim (CPLR 9802) is a formal, verified written claim filed with the village clerk within a specified time. It is a prerequisite to maintaining
A multi-million-dollar development project which relies on site plans approved by a municipal board months prior is ready to break ground. However, the municipal board failed to refer the plans to the county planning board before approving them. The result? A multi-million-dollar illegal structure.
In order to ensure that local municipal planning and zoning decisions
The New York State Legislature recently enacted the Pied‑à‑Terre Tax (PAT) Surcharge, introducing a significant, additional annual real estate tax on certain high-value New York City residential properties that are not the owner’s primary residence – including single family residences, condominium units and cooperative units. The PAT Surcharge was enacted by the Legislature as part
A special proceeding pursuant to New York Civil Practice Law and Rules (“CPLR”) Article 78, specifically Section 7803(3), is the vehicle for challenging determinations of a body or officer. Section 7803(3) sets forth the all-too-familiar question raised: whether the determination was arbitrary and capricious, an abuse of discretion, or contrary to law. In the land use context, these challenges are commonly brought against municipal zoning board and planning board determinations. The record created during proceedings before the board, and produced to the Court, is critical for how the determination will be reviewed.
Continue Reading Adduced! Ensuring the Record in CPLR Article 78 Proceedings