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
Unit Owner Cannot Recover for Expenses Personal to Its Principal
Adverse Possessor Provided Insufficient Evidence to Support TackingTown’s Installation of Guardrails Did Not Constitute a TakingMortgagee Entitled to Deficiency JudgmentLandowner Adequately Alleged Trespass During Renovation
Condemnation Served a Public Purpose
Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser
Zoning Board Properly Construed OrdinanceNeighbors’ Open Meetings Law Challenge to Lease to Wireless Character Was UntimelyPlanning Board Not Bound to Consider Approval’s Impact on Easement or Covenant
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