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Appeals Court Affirms SKM’s Successful Dismissal of Action Concerning Short-Term Rental Property

In a decision handed down on January 29, 2020, the Appellate Division, Second Department, affirmed the dismissal of a hybrid action (declaratory judgment and Article 78 proceeding) challenging a Zoning Board’s determination that a short-term rental was not a legal non-conforming use.  SKM represented the Zoning Board and moved successfully in the Supreme Court for dismissal of the action.  The case concerned what has become an emerging area of the law as the proliferation of short-term rentals continues to raise new legal issues that are finding their way into the courts. 

 

Lisa A. Perillo argued the appeal for SKM.  A copy of the decision is available here.