Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Matter of Karakash v. Del Valle NYLJ 3/15/21, p. 18, col. 4 AppDiv, First Dept. (Opinion by Oing, J.)
In landowner's hybrid article 78 proceeding/declaratory judgment action challenging a DOB (Department of Buildings) summons for using commercial premises in violation of the zoning ordinance, landowner contested a determination by the New York City Office of Administrative Trials and Hearings (OATH). The Appellate Division upheld the determination, concluding that the summons was not duplicative of an earlier summons and that landowner's use did not qualify as a pre-existing nonconforming use.
Landowner uses the subject parcel as an automobile repair shop and state inspection station. That use was permitted in the district until 2006 when the city amended the ordinance to place the parcel in a residential district with a commercial overlay. Landowner continued to use the parcel as a legal nonconforming use. In 2017, landowner purchased four industrial shipping containers and placed them on the parcel to store parts for customizing vehicles and performing body work. A DOB inspector issued a summons for illegal use of the premises, but an OATH hearing office dismissed the summons, concluding that the presence of the containers conforms to the use of the premises. DOB did not appeal. Seven months later, a different DOB inspector issued another summons, this time for violation of the certificate of occupancy. The hearing officer again dismissed the summons, finding no violation. This time, the city appealed to the OATH appeals unit, which reversed the hearing officer's decision to dismiss the second summons. The appeals unit concluded that second summons was not duplicative of the first because it addressed different dates and different violations, and concluded that the four containers were not in conformity with the certificate of occupancy. Landowner then brought this article 78 proceeding. Supreme Court transferred the proceeding to the Appellate Division for a substantial evidence review.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.