MTA must compensate for taken trade fixtures

Fulton Street Transit Center. Image: Mary Gillen.

MTA claimed that compensation for trade fixtures in building taken for transit project would constitute improper windfall payment. Three restaurant tenants in a three-story building at 194 Broadway in Lower Manhattan sought compensation for their trade fixtures after the Metropolitan Transportation Authority acquired the property through eminent domain for its Fulton Street Transit Center project. The three restaurants were separately incorporated, but were owned by the same individual … <Read More>


Court Vacates BSA Denial of Advertising Sign Registration

Court ruled the signs were not under City jurisdiction.  On March 26, 2012 the Department of Buildings issued Notice of Sign Registration Rejection letters denying registration for twenty-one advertising signs owned by CBS Outdoor Inc.  The Department based its rejection on the signs being too close to an arterial highway, in violation of the City Zoning Resolution.  On January 29, 2013 the Board of Standards and Appeals upheld the rejection.  CBS Outdoor, joined by the … <Read More>


Supplemental environmental review of Atlantic Yards ordered

Court found ESDC’s environmental analysis insufficient due to change in Atlantic Yards project, but refused to halt project. In 2006, the Empire State Development Corporation approved the general project plan for Forest City Ratner Companies’ Atlantic Yards project in Brooklyn. The $4 billion project includes a sports arena and sixteen high-rise buildings. Ratner agreed to purchase air rights from the Metropolitan Transportation Authority at the beginning of the project in order to facilitate the … <Read More>


Court increases award for East Side Access properties

MTA took private land to expand Sunnyside Rail Yard for East Side Access Project. The Metropolitan Transportation Authority acquired 38-38 43rd Street and 38-40 43rd Street in Sunnyside, Queens through eminent domain. The MTA plans to use the lots to expand the Sunnyside Rail Yard for the East Side Access Project, which would connect the Long Island Rail Road directly to Grand Central Terminal in Manhattan. 38-38 43rd Street consisted of a two-story storage, warehouse, … <Read More>


Building owner denied compensation from City

Buildings vacated apartment building’s occupants before MTA started construction work nearby on the Second Avenue subway line. The Metropolitan Transportation Authority, before performing certain construction work on the Second Avenue subway line, contacted Buildings regarding the building located at 1766 Second Avenue. MTA was concerned that drilling, excavation, and/or blasting for the new subway line could cause the already-leaning building to become unstable. Buildings declared the building “unsafe and an imminent peril,” and later issued … <Read More>


Court criticizes ESDC over Atlantic Yards

Court orders ESDC to consider whether extended timetable for project’s completion requires supplemental environmental review. In 2006, the Empire State Development Corporation approved the general project plan for Forest City Ratner Companies’ Atlantic Yards project in Brooklyn. The $4 billion project includes a sports arena and sixteen high-rise buildings. Ratner agreed to purchase air rights from the Metropolitan Transportation Authority at the beginning of the project in order to facilitate the development of six … <Read More>