Landmarks acted within its authority when it approved the LLC’s certificate of appropriateness. On March 28, 2019, the New York Court of Appeals ruled that the Certificate of Appropriateness granted the Landmarks Preservation Commission for 346 Broadway in 2014 was proper, reversing two lower courts’ decision. In 1987, the Landmarks Preservation Commission designated 346 Broadway as an interior landmark. The designation included the building’s banking hall and the 13th floor clock tower, which houses … <Read More>
Search Results for: Court Decisions
Judge Kaye’s Vision for Consolidation and Simplification of the Trial Courts
Chief Judge Judith S. Kaye, who passed away at age 77 on January 6, 2016, left us some unfinished business to do: court reform. In 1998 Judge Kaye lobbied for a constitutional amendment that would have consolidated and simplified the New York trial court system. She hoped to get the legislative approval for a constitutional amendment and the required referendum during the 1998 and 1999 legislative sessions, followed by a vote on the referendum at … <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>
Municipal Liability: The Court of Appeals Clarifies Immunity Law
When municipalities are sued in tort, two of the most powerful bars to recovery are the public duty principle and the governmental function immunity defense. When these two principles are applicable, the City will not be made to pay compensation even if a City employee had been negligent and caused an injury.
New Filings and Decisions charts for May 2012 available
Every month CityLand creates a comprehensive set of charts to track land use applications undergoing public review. This includes new applications filed with the Department of City Planning and the Board of Standards & Appeals, applications certified into the City’s Uniform Land Use Review Procedure, and applications before the Landmarks Preservation Commission.
We track these applications throughout the review process and until a final decision has been made by the competent City Agency. The majority … <Read More>
$40,000 fine for illegal sign reversed by lower court
The Department of Buildings failed to appeal both relevant ALJ decisions. In 2006, the owner of 882 Sixth Avenue entered into a licensing agreement with Troystar Inc., a registered outdoor advertising company. The agreement allowed Troystar to install a sign on the facade of the owner’s building. Two years later, the Department of Buildings issued the owner eight NOVs, one for failing to register as an “outdoor advertising company” and seven for failing to … <Read More>