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.


Owner Won Higher Value Of Wetlands

The City took Staten Island property that was subject to wetlands regulations. In the early 1970s Baycrest Manor, Inc., purchased two irregularly shaped, adjacent unimproved lots between Zoe Street and Cletus Street in the Dongan Hills section of Staten Island.  After Baycrest purchased the lots the State designated the majority of the lots as wetlands. On November 3, 2006 the City acquired the lots from Baycrest as part of a multi-phase project to manage … <Read More>


Son Denied Mother’s NYCHA Apartment

Son lived in mother’s apartment to care for her in her last years, but had not been granted permanent permission to live in the apartment. Victoria Aponte was the tenant of record, and sole authorized occupant, of a one-bedroom apartment located in a NYCHA-owned housing development at 150 West 174th Street in the Bronx. In 2009, Ms. Aponte’s son, Jonas Aponte, moved into the apartment to assist his mother who had been diagnosed with advanced … <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.