Manhattan Developer Pays $4.7 Million in Tax Evasion Settlement

Attorney General Schneiderman found the developer was operating a building as an illegal hotel while receiving a 421-a property tax exemption. On February 26, 2015 New York State Attorney-General Eric Schneiderman announced reaching a settlement with 47 East 34th Street LP over illegally evading New York property taxes. The LP owns an apartment building at 47 East 34th Street in Manhattan which is exempt from property tax under the 421-a program, however the Attorney General’s … <Read More>


Permission to Operate Sidewalk Café Upheld on Appeal

Landlord was required by lease to consent to tenant’s operation of a sidewalk café, absent a good-faith basis.  DMF Gramercy Enterprises, Inc. has operated Pete’s Tavern, a sidewalk café at 129 East 18th Street in Gramercy, Manhattan, and claims to be the longest continuously-operating bar and restaurant in New York City.  DMF Gramercy has operated Pete’s since 1964 when it entered into a lease with the building’s then-owner. The current owner is the Lillian Troy … <Read More>


Court Dismisses Action Against Willets Point Developers

Public trust doctrine did not apply to Willets Point West development project.  On August 15, 2014, the New York Supreme Court in Manhattan denied petitions for declarative and injunctive relief against the Willets Point Development Project in Queens.  The petitions were brought by a coalition led by New York State Senator Tony Avella, The City Club of New York, and New York City Park Advocates.  The petitioners argued that constructing a shopping … <Read More>


Union Square Restaurant Affirmed Unanimously by Court of Appeals

Court found the agreement was a valid license and did not violate the public trust doctrine; Coalition hopes new Mayor will terminate license.  In March 2012, the City signed a licensing agreement with Chef Driven Market, LLC, (Chef) authorizing Chef to open a 200-seat seasonal restaurant in the Union Square northern pavilion. The Union Square Park Community Coalition filed an article 63 petition seeking a preliminary injunction against the City from enforcing the licensing … <Read More>


NYU’s Plan Partially Enjoined

State Supreme Court declares project sites to be dedicated park land; enjoins construction. On July 25, 2012, New York City Council voted to approve the NYU Expansion project (See previous CityLand coverage here). Petitioners, including State Assemblywoman Deborah Glick and more than 20 other individuals and organizations that reside or are located in the vicinity of the NYU Expansion, filed an article 78 petition challenging Council’s approval. In a 77-page opinion, State Supreme Court … <Read More>


Union Square Restaurant Put on Hold by Judge [Update: Appellate Division Rules in Favor of Planned Restaurant]

See below for update.

Neighborhood coalition sued Parks over proposed plan to open restaurant in Union Square. Union Square is comprised of 3.6 acres of dedicated municipal parkland, stretching three blocks in length and one block in width. Union Square Park’s pavilion has hosted a myriad of political events and recreational activities for over a century. In 2004, the City announced its plans to open a restaurant in the pavilion. In April 2008, the Union <Read More>