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>


Owner fined for eliminating unit

Owner added staircase to create a duplex but failed to get permit to do work. The corporation AS 303 LLC owns an apartment building located on 303 East 46th Street, between 1st and 2nd Avenue, in Manhattan. The building was authorized to have eleven class “A” units over the five floors. The owner converted apartments 2E and 3E into a duplex by building a staircase connecting 2E to 3E and added another bedroom. The owner … <Read More>


Landlord not liable for evictions

Developer evicted elderly and disabled tenants lacking leases from building converted to condominiums. In April 2014, Carnegie Park Tower, LLC submitted a non-eviction offering plan to the Office of the New York Attorney General to convert rental units into condominiums in the building it owned at 200 East 94th Street in Manhattan. The plan provided that no non-purchasing tenant would be evicted because of the building’s conversion to condominiums. The plan became effective in … <Read More>


Sidewalk cafe permit denied

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 … <Read More>


UPDATED: Work on apartment tower to continue after appeal

NOTE: This article was written for and previously appeared in an issue of CityLaw earlier this year, and was chosen for publication to CityLand prior to the issuance of a recent appeal decision that has now overturned this case. Please wait for future coverage of this issue.

Developer received permit to build record-setting skyscraper on the West Side of Manhattan. In November 2017, Extell Development Company unveiled plans to build a massive residential tower for … <Read More>


Owner fined $60,800 for hotel use

Upper West Side residential building converted to hotel. On May 29, 2014, a Department of Buildings inspector cited the owner of a residential building, located at 258 West 97th Street, Manhattan, with illegally converting the building into a hotel for temporary lodging. The building was originally divided into apartment units for three or more families to live independently from one another. The owner converted the building into temporary one-room and two-room lodging. The Buildings … <Read More>