1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 79 A.D.2d
  5. 79 A.D.2d 696 (1980)
 

BUILDERS' COUNCIL OF SUBURBAN NEW YORK, INC. v. CITY OF YONKERS

79 A.D.2d 696 (1980)

Builders' Council of Suburban New York, Inc., et al., Respondents, v. City of Yonkers et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1980

Judgment affirmed, without costs or disbursements.

Local Law No. 3 and RPAPL article 7-A are directed at the same subject matter and are inconsistent. Thus, Local Law No. 3 is pre-empted by article 7-A (see NY Const, art IX, § 2, subd [c]; Municipal Home Rule Law, § 10, subd 1, par [i]). Moreover, the local law denies multiple dwelling owners their right to procedural due process. It is replete with various improper and illegal provisions. Thus, Special Term correctly declared the law to be unconstitutional, illegal and void.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases