On October 4, 2022, the Appellate Division, First Department ruled in favor of the City in its appeal challenging a February Supreme Court ruling that halted the City’s development of the permanent open restaurants program.
Court Decisions
Appellate Division Provides Major Win for Two Bridges Developers
Two Bridges development gets Appellate Division ruling but two lawsuits remain pending. On August 27, 2020, the First Department’s Appellate Division unanimously ruled in favor of a Lower East Side development that would consist of four towers, 11,000 square feet of retail, and over 2,700 residential units. Of the 2,700 residential units, approximately 700 units will be dedicated to affordable housing and 200 units will be set aside for senior housing. The project’s development group … <Read More>
Commercial tenant unprotected by new law
Commercial tenant claimed the 2019 Housing law required owners to provide a written notice of nonpayment of rent. The owner of a building located at 41 East 11th Street, Manhattan, filed a petition in Civil Court to evict its commercial tenant, Washington Square Institute, for non-payment of rent. The owner claimed rent in the amount of $240,007 for the period of August 2019 through October 2019, calculated at the monthly rent of $67,561. The … <Read More>
Court Orders DOB to Revoke Permit and Compel Owner to Remove Floors in Upper West Side Condominium Development
Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York, won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit … <Read More>
REBNY Challenges Department of State’s Memo Prohibiting Broker’s Fees
Real estate community in state of confusion over 2019 Rent laws. On February 10, 2020, the Real Estate Board of New York Inc. (“REBNY’”), the New York State Associations of Realtors (“NYSAR”) and a host of residential real estate brokerages were granted a temporary restraining order, blocking the New York State Department of State’s guidance on broker commissions. The TRO comes in conjunction with their Article 78 filing seeking to invalidate the memorandum’s entire section … <Read More>
Supreme Court Judge Finds Inwood Rezoning in Violation of SEQRA
City expected to appeal Judge’s decision invalidating the Inwood Rezoning. On December 10, 2019, Judge Verna L. Saunders of the New York State Supreme Court, New York county ruled in favor of the Northern Manhattan is Not For Sale’s Article 78 petition challenging the legality of the Inwood Rezoning. The rezoning was proposed by the city’s Economic Development Corporation and was set to up-zone 59 blocks in the Inwood neighborhood of Manhattan. Approval of the … <Read More>