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>


Council Subcommittee Approves East New York Rezoning Plan with Modifications

The modified East New York Rezoning includes such deep levels of affordability that Council Members referred to the rezoning plan as a “unicorn,” though all hope to use it as an example for future rezonings.  On April 14, 2016, the City Council Subcommittee on Zoning and Franchises and Committee on Land Use held back-to-back meetings on the Department of City Planning’s East New York Rezoning Plan, which would affect the greater East New York area … <Read More>


Mayor Bill de Blasio Signs into Law Domestic Violence Housing Discrimination Ban and Green Construction bills

New York City Council Member and Deputy Leader Jumaane Williams sponsored both bills, which were signed alongside a green building construction bill sponsored by City Council Speaker Melissa Mark-Viverito.  On March 28, 2016, Mayor Bill de Blasio signed into law two major pieces of legislation, sponsored by New York City Council Member and Deputy Leader Jumaane Williams, respectively titled the Domestic Violence Housing Discrimination Ban and the Green Construction bills. City Council Speaker Melissa Mark-Viverito … <Read More>


City Council Hears Testimony on Mayor de Blasio’s East New York Rezoning Proposal

Council Members expressed concern-ridden comments on the proposal’s plans for neighborhood job programs and the proposed housing’s lack of deep affordability levels.  On March 7, 2016, the New York City Council Subcommittee on Zoning and Franchises held a public hearing on the East New York Community Plan. If approved, the Plan would make East New York, and portions of Cypress Hills and Ocean Hill, located in Brooklyn, the first area to be rezoned under Mayor … <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>


CPC Approves Proposed Brooklyn Heights Library Redevelopment Plan, Council Review Next

Developer would build new public library on the ground floor of a mixed-use development and construct off-site affordable housing.  On November 2, 2015, the City Planning Commission approved the Department of Citywide Administrative Services’ and Brooklyn Public Library’s Uniform Land Use Review Procedure applications to reconstruct the Brooklyn Heights branch of the Brooklyn Public Library on the base level of a mixed-use building.  A public hearing was held on the proposal on September … <Read More>