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Real Estate & Property Law

: Law of the Land

NY Trial Court Erred in Applying Standards for Article 78 Review Rather than Declaratory Judgment

By Patty Salkin

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In a hybrid action to compel the issuance of building permits and to invalidate a local law, the trial court improperly used a summary judgment procedure to invalidate the local law.  The appeals court explained that the two types of proceeding are governed by different procedural rules.  Further, an action which seeks to challenge the [...]

Full post as published by Law of the Land on August 21, 2010 (boomark / email).

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