London Terrace case remanded

Landlord classified rental apartments as being destabilized and charged tenants market rate rents despite receiving J-51 tax benefits. London Terrace Gardens, located along West 23rd Street in Manhattan and built in 1930, occupies an entire block and has 1700 apartments. After the enactment of the Rent Regulation Reform Act of 1993, London Terrace Gardens began deregulating rent-stabilized apartments through high-rent vacancy decontrol. London Terrace Gardens subsequently received J-51 tax abatement and exemption benefits after … <Read More>


Bicycle Riding and Injuries, Tort Claims and Defenses

Bike riding is enjoyable, healthy and fun. It can also be dangerous. The City is heavily invested in encouraging bike riding and bike safety. Yet, accidents happen, and when they do bike riders may opt to sue. Bike riders receive no special status as tort plaintiffs. Bike riders in court live by the same rules that govern tort claims by pedestrians and car drivers. As New York courts have repeatedly stated, a “bicyclist is required … <Read More>


Disabled Tenant Wins Eviction Stay

Landlord sought to evict disabled man who had set two fires in his apartment. Jose Reyes, who received social security disability benefits related to his mental illness, lived in a Section 8 housing building owned by 529 West 29th LLC. Reyes set two fires in the building within a period of three months. Reyes set the first fire in his bathtub where he had placed documents and personal papers because he was experiencing extreme … <Read More>


Building Code Order Upheld

City placed apartment building in program that forces owners to correct severe code violations. In February 2015, Trump Presidential Inc. purchased a three-story apartment building located in St. Albans, Queens. Trump filed a property registration form with New York City Department of Housing Preservation and Development. A few months later, HPD selected the property for participation in the Alternative Enforcement Program. The program identifies the most distressed dwellings in the City and requires the owners … <Read More>


Emergency Order Upheld

Department of Buildings placed commercial building in program that forces the owner to immediately fix code violations. Rada Corporation is the owner of a commercial building located on Remsen Avenue in Brooklyn. In May 2016, the New York City Department of Buildings issued a violation against the property, noting brick and cracked mortar joints. Buildings determined that due to the severity of the violations, an immediate emergency declaration was warranted. After the owner of the … <Read More>


Approval of Alteration – UPDATE: Case on Appeal

The owners of the Dean Sage Mansion in Crown Heights North Historic District sought to build addition to the 1870’s mansion. In the mid-nineteenth century the Crown Heights neighborhood of Brooklyn underwent suburban development of freestanding villas. Today, only a few of the Sturgis villas remain, one of which is the Dean Sage Mansion at 839 St. Mark’s Avenue, a rare High Gothic style mansion built in 1870 by architect Russell Sturgis. The Mansion, which … <Read More>