Res Judicata: A Legal Blog

Court Incinerates City’s Denial of Crematory

February 8, 2019

In the Matter of White Plains Rural Cemetery Association v. City of White Plains, decided January 30, 2019, the Appellate Division, Second Department, affirmed the lower court decision to annul a determination of the City of White Plains Zoning Board of Appeals denying a use variance for a crematory at …Read More

Denial of an Article 78 Petition Challenging the ZBA’s Determination to Grant Area Variances for a Hotel

February 8, 2019

In The Matter of Route 17K Real Estate, LLC, et al. v. Zoning Board of Appeals of the Town of Newburgh, decided January 30, 2019, the Appellate Division, Second Department, affirmed the Supreme Court’s denial of an Article 78 Petition challenging the Zoning Board of Appeals’ determination to grant area …Read More

Village of Dobbs Ferry ZBA’s Excessive Dissimilarity Decision Upheld

February 8, 2019

In Matter of Livingston Development Group v. Village of Dobbs Ferry, decided January 16, 2019, the Appellate Division, Second Department, reversed the Supreme Court and upheld the Village of Dobbs Ferry Zoning Board of Appeals’ decision that the petitioner’s two proposed six-unit multi-family buildings were excessively dissimilar to the character …Read More

Owners of Public Horse Farms

February 8, 2019

Owners of horse farms which are open to the public should be reminded of New York General Obligations Law Article 18-B, enacted January 6, 2017. Said law imposes specific responsibilities on the horse farm owner such as trail signage, employee training, warning signs, preventing reasonably foreseeable risks, etc. A copy …Read More