Augenblick, Matter of
| Decision Date | 12 November 1985 |
| Citation | 497 N.Y.S.2d 363,66 N.Y.2d 775 |
| Parties | , 488 N.E.2d 109 In the Matter of Lynn AUGENBLICK, Petitioner. Maxwell GLANTZ, et al., Appellants, v. The TOWN OF CORTLANDT, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
OPINION OF THE COURT
Order reversed, with costs, and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division (104 A.D.2d 806, 811-815, 480 N.Y.S.2d 232). Respondents waived their statute of limitations defense by failing to plead it in their answer or by appropriate motion (CPLR 7804[f]; see also CPLR 3211[a] ).
SIMONS, J., took no part.
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Norton v. Town of Brookhaven
...v. Town of Cortlandt, 104 A.D.2d 806, 814, 480 N.Y.S.2d 232 (2nd Dep't 1984) (Lazer, J.P., dissenting) rev'd 66 N.Y.2d 775, 777, 497 N.Y.S.2d 363, 488 N.E.2d 109 (1985) (“Order reversed ... and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at ......
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Gernatt Asphalt Products, Inc. v. Town of Sardinia
... Page 395 ... 622 N.Y.S.2d 395 ... 208 A.D.2d 139 ... Matter of GERNATT ASPHALT PRODUCTS, INC., Appellant, ... The TOWN OF SARDINIA, Philip D. Feraldi, Supervisor, Town of ... Sardinia, Gerard F. Bockhahn, ... Board of Zoning & Appeals, 45 N.Y.2d 266, 271 [408 N.Y.S.2d 377, 380 N.E.2d 207]" (Matter of Augenblick v. Town of Cortlandt, 104 A.D.2d 806, 809, 480 N.Y.S.2d 232, revd. on other grounds 66 N.Y.2d 775, 497 N.Y.S.2d 363, 488 N.E.2d 109, rearg denied 67 ... ...
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Countryman v. Schmitt
... ... For the reasons that follow, the court converts the CPLR article 78 proceeding to a declaratory judgment action, see CPLR 103(c); Matter of Lee v. La Brake, 222 A.D.2d 1050, 1051, 635 N.Y.S.2d 866 (4th Dept.1995); Matter of Committee to Preserve the Character of Skaneateles, 187 ... on this record, the statute, Town Law § 262, and "the Constitution requires that all land in similar circumstances be treated alike." Augenblick ... ...
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Anderson House v. Rockville
...by the text of a zoning regulation, a violation of the uniformity requirement results. See, e.g., Matter of Augenblick, 66 N.Y.2d 775, 497 N.Y.S.2d 363, 488 N.E.2d 109 (1985) (finding that the uniformity requirement was violated by a zoning ordinance that singled out one property to permit ......
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