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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)

Citation
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Parent Document
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Jurisdiction
New York (state)
Effective Date
1996-06-04

Other Sections in This Document (36)

Full Text

349 chars
It would be incorrect to apply the concept of waiver, which evolved in the private breach of lease situation, to an illegal use proceeding, where the rights of others would be adversely affected. In short, the owner’s statutory power to commence an illegal use proceeding is not a private right within the owner’s discretion to forego or relinquish.