Clock Tower LPC Certificate Annulled By Court

Justice found Landmarks had authority mandate public access to interior landmark, and require that historic clock’s operation remain mechanical. The Landmarks Preservation Commission designated the interior of the former New York Life Insurance Company Building, at 346 Broadway as an interior landmark in 1987.  The designated space includes the “Clocktower Suite” inside a tower at the top of the building. A spiral staircase and machinery room for the four clock faces on the tower, … <Read More>


Appellate Division Upholds BSA Permit Denial

Billboard lessee claimed the Board denied its permit arbitrarily.  OTR Media Group leased a billboard on the south wall of an eight-story building at the northeast corner of Tenth Avenue and West 40th Street in the Hell’s Kitchen neighborhood of Manhattan.  In 2012 the Department of Buildings refused OTR’s request for a permit to operate the billboard because it was within view of an arterial highway, the Lincoln Tunnel, in violation of the Zoning Resolution.  … <Read More>


Court Upholds Zoning Restriction On Peace Sign

Zoning resolution prohibited apartment dweller from placing illuminated “Peace” sign in 17th floor window. In 2010 Brigitte Vosse placed an illuminated “Peace” sign in the window of her seventeenth-floor condo in The Ansonia at 2109 Broadway in the Upper West Side of Manhattan.  The Department of Buildings fined her $800 for violating a zoning ordinance restricting illuminated signs in her neighborhood at heights above forty feet.  Vosse argued that the City placed a content-based … <Read More>


Appellate Court Reinstates Action Over Mitchell-Lama Apartment

The court found issues of fact and reversed previous summary judgment for the tenant.  In 2000, John G. and Yunia C. Rwambuya permanently vacated their apartment at 10 Waterside Plaza in the Kips Bay area of Manhattan.  The apartment complex was regulated under the Mitchell-Lama program and later converted to market-rate housing.  A settlement agreement signed by the Rwambuyas granted them a limited right to transfer their apartment to their son, Joseph Rwambuya as a … <Read More>


Appellate Division Upholds Homeless Shelter Siting

Court agreed DHS met their burden under the Fair Share Criteria.  In 2012 the Department of Homeless Services opened Freedom House, a 200-family homeless shelter at 316-330 West 95th Street in Manhattan’s Upper West Side on an emergency contract.  When the emergency contract expired, then-Comptroller John C. Liu declined to register the permanent contract.  A community group, Neighborhood In The Nineties, filed an Article 78 petition to enjoin the Comptroller from registering the … <Read More>


Lawsuit Seeks Damages Over One Vanderbilt Agreement

Owner of Grand Central Terminal claims violation of property rights, seeks $1 billion in damages.  On September 28, 2015, Andrew Penson—the owner of Grand Central Terminal in the Midtown East neighborhood of Manhattan—initiated a lawsuit against New York City for allegedly unlawfully taking Grand Central’s air rights from him for the benefit of SL Green Realty Corporation without just compensation, which is a violation of the Fifth Amendment of the United States Constitution.  The complaint … <Read More>