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Category: Blog: The Westchester Litigator

If Permits are Wrong, You Won’t Have a Right: Town’s Erroneously Issued Permit Invalidates Application of “Vested Rights Doctrine”

Articles

For real estate developers, the issuance of a building permit should be cause for celebration at the end of an oft arduous application process.  By definition, a “permit” means the developer has the right to proceed with the project.  Going further, New York’s “vested rights doctrine” enables a developer to […]

When is a Case Big and Expensive Enough? The “Exceptional Circumstances” Prong of a Motion for an Interlocutory Appeal Under 28 U.S.C. § 1292(b)

Articles

As experienced New York appellate practitioners, we are often struck by the federal and state courts near opposite approaches to interlocutory appeals (i.e., appeals from an interim trial court decision as opposed to a final judgment).  Whereas New York state courts permit an interlocutory appeal of the majority of trial […]