How Small is Too Small: the Trivial Doctrine in New York Law

How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for … <Read More>


First Group of Backlogged Items Designated

Landmarks voted to de-calendar St. Augustine’s Church and Rectory after designating an extension the Park Slope Historic District, in which the church is located. On April 12, 2016, the Landmarks Preservation Commission cast dispositive votes on ten items for designation, nine of which were included in the commission’s backlog initiative. Eight individual landmarks were designated, as well as one historic district. Commissioners voted to remove one item, St. Augustine’s Roman Catholic Church and Rectory, … <Read More>


Thirty of 95 backlogged items prioritized for 2016 designation votes

Some items will be removed from calendar due to political reality that designations will not be ratified by Council; others are found to be adequately protected so as to not require prioritization; others to lack significance that would merit immediate designation. On February 23, 2016, Landmarks made determinations on the disposition of 95 items added to Landmarks’ calendar before 2010, but never subjected to a vote on designation. In 2015 the commission had announced … <Read More>


New York Botanical Garden Issues Request for Proposals for Major Mixed-Use Development

The request seeks proposals that incorporate a hotel, residential units, and retail space.  On January 19, 2016, the New York Botanical Garden issued a request for proposals to construct a mixed-use development on an “acre-plus parcel” of land that sits at the south-east corner of Webster Avenue and Bedford Park Boulevard, which is directly adjacent to the Botanical Garden’s parking garage.  The development would be part of a larger district-wide transformation that has been underway … <Read More>


The Queens Midtown Tunnel is 75 years old!

November 15, 2015 marked the 75th anniversary of the opening of the Queens Midtown Tunnel. The tunnel is an indispensable link between Manhattan and Queens, the Long Island Expressway, and JFK and LaGuardia airports. Its four lanes carry 80,000 vehicles a day. Few drivers in these 80,000 vehicles, however, were likely among those breaking open champagne bottles in celebration. Drivers are more concerned with getting in the tunnel, creeping through the tunnel, and getting out … <Read More>


Votes by Community Boards Running Strongly Against de Blasio Affordable Housing Proposals [UPDATED]

CityLand creates comprehensive chart tracking every vote taken by community boards citywide on the ZQA and MIH text amendments. On September 21, 2015, the City Planning Commission referred for public review the Zoning for Quality and Affordability (ZQA) and Mandatory Inclusionary Housing (MIH) citywide text amendments. Since the public review process has begun, community boards across the city have met to discuss and vote on each of the two proposals. All 59 New York City … <Read More>