City obligated to vacate the Gansevoort sanitation garage by 2012 and Pier 97 by 2008. The Hudson River Park Act, passed by the State Legislature, obligated the City to relocate by the end of 2003 its sanitation operations from Gansevoort Street in the West Village and Pier 97 in Clinton to begin development of park space along the Hudson River. The City continued to occupy both sanitation facilities beyond 2003 and subsequently began construction of … <Read More>
Court Decisions
Building owner faulted for not clearing vacate order
Rent-stabilized tenant had been forcibly removed from apartment after structural weakness was discovered. After receiving complaints that 223 East 96th Street was shaking, an HPD inspector observed cracks in the rear wall caused by construction taking place on the building next door. In August 2004, the Department of Buildings determined that the building was unsafe and issued a vacate order. Police and firefighters forcibly removed Thelma Farrell, an 81-year old, rent -stabilized tenant from her … <Read More>
Court rejects challenges to sale of Two Columbus Circle
Preservation group opposes conversion and remodeling of modernist building. Landmark West, a historic preservation group, seeks to stop the EDC’s sale of the nine-story modernist building at Two Columbus Circle to the Museum of Arts and Design. In February 2005, it lost its first two challenges to the sale, (2 CityLand 28 (Mar. 15, 2005)), when the First Department ruled that the Landmarks Preservation Commission was under no obligation to hold a public hearing on … <Read More>
Homeowners win damages over C of O delay
Builder still had not produced a C of O after seven years. Two families separately contracted with Giovanni Culotta to build semi-attached homes at 243 and 245 Elm Street in Staten Island. In May 1998, both families closed and received temporary certificates of occupancy with an understanding that Culotta would later provide a final certificate. Buildings’ records indicate the last temporary certificates of occupancy expired in 1999. Subsequently, Buildings issued violations to the families for … <Read More>
People v. Second Ave. Woodworking Corp.
Owner challenged the necessity of taking entire property. DEP applied to the Planning Commission to acquire a 12,500-squarefoot unimproved property used as a parking lot on Grand Street between Crosby and Lafayette Streets for the construction and maintenance of Shaft 30B of the Third Water Tunnel. After its construction, DEP proposed to use the lot as public open space. Following a public hearing, the Commission approved in April 2004.
In November 2004, the City filed … <Read More>
FDNY order must be appealed to BSA
Owner appealed FDNY order during criminal proceeding for non-compliance. After inspecting Second Avenue Woodworking Corp., located at 4902 Second Avenue in the Sunset Park section of Brooklyn, a fire inspector issued a violation ordering Woodworking to close and seal two out-of-service fuel storage tanks, and to provide the Fire Department with an affidavit certifying the system was closed and sealed. Woodworking sent a letter to the Department stating that the tanks had been removed by … <Read More>