City defeats adverse possession claim

Trucking company fenced in and used City land that had been mapped as a City street. On July 27, 1967, the City condemned a parcel of land owned by the Filomio family and located at 3870 Boston Road in the Bronx. The City condemned the parcel, referred to as Damage Parcel 43, in order to complete a road expansion project. The family did not object to the taking and was compensated by the City. … <Read More>


MTA Faces Adverse Possession Claim

Business owner claimed adverse possession of land sought by the MTA for substation. The MTA ordered Staten Island business owner Ettore Mazzei to vacate an undeveloped lot adjacent to the Staten Island Railway transit line. Mazzei claimed ownership by adverse possession of the 5,000-square-foot lot next to his 701 Bay Street building. Mazzei sued the MTA, Staten Island Railway, and the City to establish title to the lot he has used as a parking lot … <Read More>


City wins adverse possession dispute

Department of Sanitation parked trucks on lot for more than ten years. In 1948, Vertley Clanton and her husband acquired a lot located at 1716 Pacific Street in the Utica area of Brooklyn, between Schenectady and Utica Avenues. Clanton’s property was across the street from a garage owned by New York City Department of Sanitation and surrounded by City-owned lots. Clanton lived in Manhattan for some time before eventually moving out of state. Clayton did … <Read More>


BSA Votes To Amend Prior Variance

Subject lot was altered following settlement of an adverse possession claim.  On June 23, 2015 the Board of Standards and Appeals voted to amend a previously-granted variance for construction of a four-story building at 129 Elizabeth Street in the Special Little Italy District of Manhattan.  The proposed building would have retail use on the ground floor, residential use on the upper three floors, and a one-car garage.


Landmarks’ John Weiss on Combating Demolition-by-Neglect

John Weiss has served as deputy counsel for the New York City Landmarks Preservation Commission since 2001. Weiss leads Landmarks’ efforts to protect landmarked structures from demolition-by-neglect, and each of his cases reveals a fascinating tale of New York City real estate.

After earning his undergraduate degree in political science and public policy from Hampshire College in Amherst, Massachusetts, Weiss was torn between studying law or architecture. He took time off while at Hampshire to … <Read More>


City Must Pay to Reinstall SoHo Art

Court declares art organization, not building owner, owns artwork on exterior wall of SoHo historic district building. In September 2004, Judge Deborah A. Batts allowed the Board of Managers of Soho International Arts Condominium to proceed with its Fifth Amendment takings claim against the City, pending an inquiry as to who owned the well-known minimalist sculpture by artist Forrest Myers that had been attached to 599 Broadway since 1973. (See CityLand’s past coverage here.)… <Read More>