The Third Department upheld removal of a coded gate because it materially interfered with the dominant owners’ accustomed use of a deeded access easement.
The Third Department held that New York rationally included Sunoco’s active fuel-terminal parcel in the Papscanee Island Historic District.
The Appellate Division, Third Department, affirms a deficiency judgment against guarantors of a defaulted $5 million commercial loan on a historic Albany campus, holding that RPAPL § 1371(2) fair market value is anchored to comparable sales and present conditions—not aspirational development projections of $71.5 million—where development was not imminent as of the foreclosure sale date.