The Second Department reversed a judgment declaring a groundwater protection restrictive covenant void, finding the County had authority to impose the covenant and it properly ran with the land.
The Second Department partially modified a summary judgment order in a petroleum discharge case, finding triable issues as to whether the homeowners’ failure to remove an oil fill pipe after converting to gas contributed to the spill.
The Second Department modified a preliminary injunction enforcing a conservation easement in Amagansett, narrowing it to prohibit only vegetation removal that would violate the easement rather than all maintenance.
Appellate Division reviews PSC approval of natural gas facility ownership transfer, addressing scope of environmental review in context of New York’s clean energy policies.
Appellate Division affirms denial of leave to amend answer to add counterclaims barred by settlement agreement’s integration clause in lease dispute involving Gowanus Canal EPA remediation.
Second Department affirms mandamus compelling DEP to provide event-specific public notification of sewage discharges under the Sewage Pollution Right to Know Act.