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    City loses indemnification claim

    Contracts  •  Country Club, Bronx

    Speed bumps along Ampere Avenue, painted with the required markings. Image Credit: Google Maps

    Motorcyclist was injured by an unmarked speed bump; City claimed indemnification from street contractor. Antonio Pedoto was injured when his motorcycle hit an unmarked speedbump on Ampere Avenue, between Middletown Road and Bayshore Avenue in the Bronx. Pedoto sued the City of New York. The City in turn sought indemnification from Denville Line Painting. (read more…)

    Date:11/05/2021
    Category : CityLaw
    (1) Comment

    Sidewalk cafe permit denied

    Revocable Consent Applications  •  Chelsea, Manhattan

    The exterior of Calle Dao Chelsea in 2017, approximately a year prior to the application for a sidewalk cafe permit. Image Credit: Google Maps.

    Owner of West 23rd Street restaurant sought to extend seating outside. In May 2018, Maxver LLC applied to the City Department of Consumer Affairs for consent to open an unenclosed sidewalk café outside of Calle Dao Chelsea, the Cuban-Chinese fusion restaurant that Maxver operates on Manhattan’s West 23rd Street. The application called for four tables, each seating two people. Consumer Affairs forwarded the application to Community Board No. 4, which, after a public hearing, unanimously voted against the application. Residents of the building that housed the restaurant opposed the sidewalk café based upon their negative experience with a previous sidewalk café at the same location. Maxver had also breached past agreements with the residents and the Community Board, including serving bottomless brunch (i.e., unlimited quantities of alcohol for a set price), despite promising not to, and by violating the condition of its liquor license that it would not apply for a sidewalk café. (read more…)

    Tags : administrative law, revocable consent applications, sidewalk cafes
    Date:10/19/2021
    Category : CityLaw
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    Court affirms Pfizer rezoning

    Fair Housing Act  •  Williamsburg, Brooklyn

    Illustrative Bird’s Eye View of the Pfizer Rezoning Site from 2017. Image Credit: Pfizer Sites Rezoning EIS.

    Old Pfizer Facility Rezoned for mixed uses. The pharmaceutical company Pfizer operated out of a modest red-brick building located at the intersection of Harrison Avenue and Bartlett Street in the Broadway Triangle neighborhood of Williamsburg, Brooklyn until Pfizer relocated in 2007. In 2012, Harrison Realty, LLC. purchased Pfizer’s Brooklyn real estate for $12,750,000. Since purchasing the Pfizer Site, the building has been demolished and the site officially designated a ‘brownfield.’ Harrison rented the site out as short-term equipment and vehicle storage for nearby construction sites. (read more…)

    Date:10/15/2021
    Category : CityLaw
    (2) Comment

    DEP’s default of contractor upheld

    Contracts  •  Ditmars Steinway, Queens

    The Bowery Bay Wastewater Treatment Plant. Image Credit: Google Maps.

    DEP defaulted the contractor upgrading the Bowery Bay Wastewater Treatment Plant following long delay and performance failures. On March 4, 2013, the New York City Department of Environmental Protection awarded Framan Mechanical, Inc. a $6,555,000 contract to upgrade of the Bowery Bay Wastewater Treatment Plant. The contract involved the replacement of all eight main sewage pumps, including suction piping, seven suction valves, high and low-level seal water skids, and ancillary seal water equipment. (read more…)

    Date:10/01/2021
    Category : CityLaw
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    Lead poisoning claim goes to trial

    Lead Poisoning  •  Mount Hope, Bronx

    1727-29 Walton Avenue. Image Credit: Google Maps.

    Parent of two and one-half-year-old child found with elevated lead levels sued landlord. On September 13, 2004, a two and one-half-year-old child was diagnosed with lead poisoning after a test revealed his blood lead level to be four times greater than the City’s guideline.  The Department of Health and Mental Hygiene tested the child’s apartment located at 1727-29 Walton Avenue in the Bronx and discovered 47 positive findings of lead paint and 29 readings which showed the apartment’s paint in poor condition.  The child had been living in the hazardous apartment with his adoptive mother since he was two weeks old. (read more…)

    Date:09/21/2021
    Category : CityLaw
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