Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.
STATE OF NEW YORK
________________________________________________________________________
S. 3733 A. 5527
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Judiciary
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to certain
preliminary injunctions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6311 of the civil practice law and rules is amended
2 by adding a new subdivision 3 to read as follows:
3 3. Failure of a party challenging a building permit, variance, subdi-
4 vision or other land use approval to seek a preliminary injunction to
5 prevent construction shall not give rise to the opposing party to raise
6 the defense of mootness if said party continues and/or completes
7 construction with knowledge that an action challenging its land use
8 approval has been timely commenced.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03304-01-9
