Document loss defeats NOV

Buildings cited 1974 building plan but could not produce it. Buildings issued a notice of violation to the owner of a building for engaging in work that did not conform to an approved building plan. Buildings stated that the owner extended the building beyond the size specified in a 1974 plan. At a hearing, Buildings stated that it could not locate the 1974 plan and relied instead on a copy of a 1959 plan and … <Read More>


Party wall NOV enforced

Owner argued that party wall defects resulted from the neighbor’s demolition. A Department of Buildings inspector observed loose stucco along a parapet and stress cracks along the exterior wall of a brownstone, located at 130 East 35th Street. Buildings issued a notice of violation to the brownstone’s owner Joseph Lipton.

At the hearing, Lipton argued that the adjacent property owner was responsible for repairing the defects, not him, because the wall was a shared party … <Read More>


Facade NOV dismissed

246 East 46th Street. Photo:Melanie Cash.

Building owner inspected facade after allotted time. Beginning in 1980, owners of buildings taller than six stories were required to conduct a critical examination of their buildings’ facade every five years. Each five-year cycle required submission of a technical report following examination. In February 1999, the Department of Buildings accepted the last of the fourth round technical reports. Building owner J.T. Tai Co., Inc. conducted a facade examination in … <Read More>


Plaza violation upheld

Four-foot tall iron fence blocked access to public plaza. After the Dept. of City Planning received complaints about an obstruction to a public plaza, a Buildings inspector was sent to the site at 733 Park Avenue in Manhattan. The inspector observed a four-foot tall iron fence surrounding the entire plaza and separating the public sidewalk from the garden area and the plaza’s walkways. The inspector issued a violation to the owner, charging it with failing … <Read More>


Dental practice use within zoning laws

218 E. 61st Street, Manhattan. Photo: Kevin E. Schultz

Neighborhood associations claimed dental office violated restrictive covenant dating back to Civil War and current zoning laws. Two neighborhood associations in the Treadwell Farm Historic District, an area bounded by 61st and 62nd Streets and Second and Third Avenues in Manhattan, sued Jak Cohane, the owner of the bottom two stories of a four-story brownstone located at 218 East 61st Street, who leased his premises to … <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>