Sign Use Lost Following Demolition

Property owner relied on permit improperly issued by Buildings to claim that advertising sign was a legal grandfathered use. Perlbinder Holdings, LLC owned a building located at 663-669 Second Avenue in Manhattan. Perlbinder for many years maintained a large, single-sided, illuminated advertising sign on the side of the building and had received a permit from the Department of Buildings to operate the sign in 1980. Subsequently, the Council amended the New York City Zoning … <Read More>


Buildings Upheld on Crane Licenses

President of the operating engineers challenged new rules on crane operator licenses. Edwin L. Christian, President and Business Manager of the International Union of Operating Engineers, filed an article 78 petition challenging amendments to the rules of the City of New York promulgated by the Department of Buildings regarding licensing for crane operators. Christian challenged the adoption of a rule which dispensed with the requirement that, for a class A license, the applicant must have … <Read More>


Clock Tower LPC Certificate Annulled By Court

Justice found Landmarks had authority mandate public access to interior landmark, and require that historic clock’s operation remain mechanical. The Landmarks Preservation Commission designated the interior of the former New York Life Insurance Company Building, at 346 Broadway as an interior landmark in 1987.  The designated space includes the “Clocktower Suite” inside a tower at the top of the building. A spiral staircase and machinery room for the four clock faces on the tower, … <Read More>


Court Rejects Developer’s Attempt to Appeal Denial of Hardship Application

Stahl York Avenue Company is unable to demolish and redevelop two Lenox Hill apartment buildings due to Landmark designation. On January 8, 2016, New York County Supreme Court Justice Michael D. Stallman denied an article 78 petition filed by Stahl York Avenue to allow redevelopment a portion of the site known as the City and Suburban Homes Company, First Avenue Estate. The Landmarks Preservation Commission designated this location in 1990 and amended the … <Read More>


Appellate Court Upholds Council’s Special Permit Denial

City Planning Commission had approved the permit to operate a Bronx homeless shelter.  Liska NY, Inc. had constructed an eight-story homeless shelter at 731 Southern Boulevard in the Longwood area of the Bronx.  The shelter exceeded the height, setback, and floor area ratio limits for the site and on August 21, 2013 the City Planning Commission approved Liska’s request for a special permit to legalize the building.  On October 9, 2013 the City Council voted … <Read More>


Appellate Division Upholds Homeless Shelter Siting

Court agreed DHS met their burden under the Fair Share Criteria.  In 2012 the Department of Homeless Services opened Freedom House, a 200-family homeless shelter at 316-330 West 95th Street in Manhattan’s Upper West Side on an emergency contract.  When the emergency contract expired, then-Comptroller John C. Liu declined to register the permanent contract.  A community group, Neighborhood In The Nineties, filed an Article 78 petition to enjoin the Comptroller from registering the … <Read More>