Trespass Damages Of $750,000 Upheld

Land developer’s construction of building encroached upon neighbors’ land. Britton Property, Inc., a developer, constructed a new six-story residential building located on Britton Avenue, in Elmhurst Queens. Britton installed 17 steel I-beams, a roof cap, and a brick façade that physically encroached on surrounding properties and the properties’ airspace. Britton’s architectural plans provided for the beams to be installed temporarily on the surrounding properties, but Britton failed to remove them.


Owner Wins Rent Stabilization Dispute

Tenants of a Tribeca high rise luxury rental building claimed protection of rent stabilization. Tenants of Tribeca House, a luxury rental residential building located at 50 Murray Street, Manhattan claimed that the owner of the building overcharged the tenants. Tribeca House, a twenty-one-story luxury loft apartment building, has 389 apartments comprised of studio, one, two, and three bedroom units.


Dead Vehicle Storage Violation Upheld

Property owner stored unregistered vehicles in residential area as part of his automotive hobby. On April 7, 2017, the Department of Buildings charged Juan Castillo, a property owner in an area zoned for residential use, with illegally operating an auto body mechanics shop in a garage on his premises, and with permitting the dead storage of vehicles.


Vibration Damages Lawsuit To Be Tried

A building developed cracks in its foundation allegedly caused by pile driving associated with an adjacent construction project. Procida Construction Corp., a general contractor, undertook construction of a new building at 322 West 231st Street in the Bronx adjacent to Famous Formaggio Pizzeria’s building located at 300-318 West 231st Street. During pile driving an enlarged crack appeared in the foundation of Famous Formaggio’s building. Procida halted the pile driving and established a stability … <Read More>


Hotel Denied Sales Tax Refund

Hotel claimed tax credit for purchases of continental breakfasts provided to guests. The Washington Square Hotel LLC, located at 103 Waverly Place, Manhattan, purchased continental breakfasts from Café C–III, a vendor located on the hotel’s premises, and provided the continental breakfasts to guests. The hotel did not charge their guests separately for breakfasts, nor did the hotel give guests an option to decline breakfasts in return for a lower rate for a hotel room.


City Liable For Charter School’s Rent

City DOE refused to pay costs to renovate charter school’s rental space. The Education Law requires the City Department of Education, upon the request of a charter school, to provide the charter school with a co-location in a New York City public school for no charge, or to reimburse a charter school for its “actual rental cost” if the charter school is required to rent at a new location in New York City.