Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York, won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit … <Read More>
Search Results for: Article 78
REBNY Challenges Department of State’s Memo Prohibiting Broker’s Fees
Real estate community in state of confusion over 2019 Rent laws. On February 10, 2020, the Real Estate Board of New York Inc. (“REBNY’”), the New York State Associations of Realtors (“NYSAR”) and a host of residential real estate brokerages were granted a temporary restraining order, blocking the New York State Department of State’s guidance on broker commissions. The TRO comes in conjunction with their Article 78 filing seeking to invalidate the memorandum’s entire section … <Read More>
Supreme Court Judge Finds Inwood Rezoning in Violation of SEQRA
City expected to appeal Judge’s decision invalidating the Inwood Rezoning. On December 10, 2019, Judge Verna L. Saunders of the New York State Supreme Court, New York county ruled in favor of the Northern Manhattan is Not For Sale’s Article 78 petition challenging the legality of the Inwood Rezoning. The rezoning was proposed by the city’s Economic Development Corporation and was set to up-zone 59 blocks in the Inwood neighborhood of Manhattan. Approval of the … <Read More>
Appellate Division Upholds City’s Sale of Bronx Waterfront Property
A Bronx not-for-profit sues City over the sale of waterfront property to a private developer. The City sold Pier 5 to a private developer to facilitate the construction of the Bronx Point development. Pier 5 is a 4.4 acre plot of land bounded by Mill Pond Park to the North, the 149th Street Bridge to the South, the Major Deegan Expressway to the East and the Harlem River to the West. The development anticipates … <Read More>
Court of Appeals Allows Historic Clock to be Closed to the Public and Converted
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>
Residents Prevent Development in Fight Over Open Space
Appellate Division finds that Buildings improperly issued construction permit for nursing home after misinterpreting the zoning resolution. Park West Village is a complex located on a superblock bounded by West 100th Street to the north, West 97th Street to the south, Columbus Avenue to the east, and Amsterdam Avenue to the west on the Upper West Side of Manhattan. The complex was built in the 1950s and 1960s as part of a federally … <Read More>