The Second Department held that state cannabis law preempts Riverhead’s expanded school buffer while preserving rational local zoning distinctions.
A cannabis dispensary tenant blocked from opening by a condemned building wins partial summary judgment on breach of contract against the landlord, while claims for corporate veil piercing, good-faith breach, and unjust enrichment are denied.
Third Department reverses a preliminary injunction that had blocked warrantless inspections of cannabis and hemp retailers, holding that New York’s Cannabis Law inspection regime satisfies the Fourth Amendment’s administrative search exception under the Burger three-part test.
In a matter of first impression, the Appellate Division holds that CREAMMA impliedly creates a private right of action for job applicants and employees who face discrimination based on positive cannabis tests, reversing the trial court’s dismissal and diverging from the Third Circuit’s contrary conclusion.