42 Cited authorities

  1. Fundamental Portfolio Advisors v. Tocqueville Asset

    7 N.Y.3d 96 (N.Y. 2006)   Cited 328 times
    Holding contractual requirement of written consent may be waived if knowingly, voluntarily and intentionally abandoned
  2. Watergate v. Buffalo Sewer

    46 N.Y.2d 52 (N.Y. 1978)   Cited 611 times
    Recognizing that "[w]here only an approximation of cost or value is possible, discrepancies may have to be endured in the name of administrative flexibility so long as there exists some rational underpinning on the charges levied"
  3. Pecoraro v. Bd. of Appeals

    2 N.Y.3d 608 (N.Y. 2004)   Cited 258 times

    59. Argued March 23, 2004. Decided May 4, 2004. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered April 21, 2003. The Appellate Division modified, on the law, an order of the Supreme Court, Nassau County (Anthony L. Parga, J.), entered in a proceeding pursuant to CPLR article 78, which annulled respondent's determination denying petitioner's application for an area variance and remitted the matter

  4. Toys "R" Us v. Silva

    89 N.Y.2d 411 (N.Y. 1996)   Cited 240 times
    Stating that, generally, abandonment requires an intent to relinquish and some overt act or failure to act, but that "the inclusion of a lapse period in the zoning provision removes the requirement of intent to abandon - discontinuance of nonconforming activity for the specified period constitutes an abandonment regardless of intent"
  5. Palsgraf v. Long Island R.R. Co.

    248 N.Y. 339 (N.Y. 1928)   Cited 1,901 times   9 Legal Analyses
    Holding that foreseeability is a factor in determining duty and stating that "the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty"
  6. Town of Orangetown v. Magee

    88 N.Y.2d 41 (N.Y. 1996)   Cited 161 times   1 Legal Analyses
    Holding that a "Building Inspector . . . implement[ed] Town Policy" where the zoning code "vest[ed] the Building Inspector, alone, with the authority to revoke building permits"
  7. Jennings v. Mental Health off

    682 N.E.2d 953 (N.Y. 1997)   Cited 108 times

    Argued April 30, 1997; Decided June 12, 1997 Appeal from Appellate Division of the Supreme Court, Third Judicial Department, Albany County Dennis C. Vacco, Attorney-General, Albany ( Patrick Barnett-Mulligan, Barbara G. Billet and Peter H. Schiff of counsel), for New York State Office of Mental Health and another, appellants. Stein Schonfeld, Garden City ( Robert L. Schonfeld, Seth P. Stein and Beth Pepper of counsel), for Rehabilitation Support Services, Inc., appellant. Vincent J. McArdle, Jr.

  8. E.F.S. Ventures v. Foster

    71 N.Y.2d 359 (N.Y. 1988)   Cited 136 times
    In Matter of E.F.S. Ventures Corp. v Foster (71 N.Y.2d 359), we recognized that the exercise of site plan approval powers requires "[a] large measure of discretion" (id., at 370).
  9. Matter of Stork Restaurant, Inc., v. Boland

    282 N.Y. 256 (N.Y. 1940)   Cited 445 times
    In Matter of Stork Rest. v. Boland (282 N.Y. 256, 267), the court said: "Where there is conflict in the testimony produced before the Board, where reasonable men might differ as to whether the testimony of one witness should be accepted or the testimony of another witness be rejected, where from the evidence either of two conflicting inferences may be drawn, the duty of weighing the evidence and making the choice rests solely upon the Board.
  10. Ellington Constr v. Zoning Bd.

    566 N.E.2d 128 (N.Y. 1990)   Cited 77 times
    Finding petitioner had vested right where town approved petitioner's plan and petitioner installed various improvements on the land prior to amendments to applicable zoning ordinance