The Board of Standards and Appeals had denied the application based on its finding that the signage was an art installation rather than an “advertising sign,” as defined in the Zoning Resolution. Local Law 31 of 2005 amends the regulations governing the usage of outdoor advertising signs by requiring companies engaged in outdoor advertising to submit to the Department of Buildings an exhaustive list of all of the companies’ “signs, sign structures and sign locations” which are located within 900 feet and within view of an arterial highway. Pursuant to Local Law 31, a Sign Registration Application was submitted to the Department of Buildings on April 4, 2011 to register an advertising sign-structure on the south wall of a six-story parking garage located at 111 Varick Street in Lower Manhattan, which is 57 feet from the Holland Tunnel—a designated arterial highway under the Zoning Resolution. The Department of Buildings rejected the application on March 12, 2012 by pointing to evidence indicating that the sign’s size and orientation had been changed, which are actions in violation of the Zoning Resolution. On January 15, 2013, the Board of Standards and Appeals agreed with the Buildings’ determination that the sign structure’s status as an “advertising sign,” as defined by Zoning Resolution § 12-10, was discontinued when Terry Fugate-Wilcox leased the sign structure from 1979 to 1989 to display his art installation titled the “Holland Tunnel Wall,” and the Board affirmed the denial of the application.
The Center for New York City Law cordially invites you to a CityLaw Breakfast
Host, Inside City Hall
2nd Annual Civic Fame Awards
The Center offers special recognition for:
Mark Davies, former Executive Director, NYC Conflicts of Interest Board
Kay Crawford Murray, former General Counsel, NYC Department of Juvenile Justice
Frederick A.O. Schwarz Jr., former NYC Law Department Corporation Counsel
Claire Shulman, former Queens Borough President
The campaign seeks to push Governor Cuomo to release the funding before the conclusion of the legislative session on June 16, 2016. On May 23, 2016, the “Campaign 4 NY/NY,” an advocacy group endorsed by more than 300 organizations, launched a campaign urging Governor Andrew Cuomo to release the $2 billion committed in the State budget to the creation of supportive housing. Governor Cuomo announced the commitment in his State of the State address in January of 2016, but has taken no further action since then.
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 the City and private premises owners to win dismissal on trip and fall cases based on the triviality of the defect.
Under the common law, municipalities generally have the duty to keep their streets and sidewalks in a reasonably safe condition. To prove a breach of this duty, a plaintiff who tripped on a sidewalk trip hazard and was injured must prove that the municipality either caused the defective condition, or that a condition caused by natural occurrences or a third party existed for a sufficient amount of time that the municipality had constructive notice of and could have repaired the condition. Unless actual notice is established, latent defects will not impose liability if the municipality did not cause the defect. In addition, a plaintiff bringing a common law claim must show that the defect was not trivial. What constitutes “notice” and “trivial” in New York, however, has been subject an evolving standard over the past century.
The site has been operating as an open public space for use by local artists and community members since 1986. On April 13, 2016, the City Planning Commission adopted a resolution to approve the amending of the City Map to include the Socrates Sculpture Park, located at 32-01 Vernon Boulevard in the Long Island City neighborhood of Queens. The site has been functioning effectively as a public park for local artists and community members for thirty years, and its memorialization on the City Map as official parkland would protect its existence in perpetuity.