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>


Challenge to NYU Expansion Plan Overturned on Appeal

Coalition of local residents, Greenwich Village community organizations, and elected officials sought to prevent NYU’s development of two superblocks north of Houston Street. In 2012, the City Council voted to approve multiple actions to allow an expansion plan by New York University to develop two superblocks bounded by West 3rd Street, Houston Street, Mercer Street and LaGuardia place in Manhattan’s Greenwich Village. The project, projected to take 20 years to complete, would entail the construction … <Read More>


Court Dismisses Suit in Opposition to Hospital Development

Upper East Side community group did not meet burden of proof that City acted arbitrarily.  On July 28, 2014, the New York Supreme Court in Manhattan denied petitions for declarative and injunctive relief against the proposed expansion of Memorial Sloan-Kettering Hospital.  The petitions were brought by the Residents for Reasonable Development and several Upper East Side residents acting individually.  The petitioners argued that the institutional uses of the project were incompatible with the largely … <Read More>


Constitutional Claims Against Display of Ground Zero Cross Fail on Appeal

Atheist organization claimed that the steel-beam cross found by recovery workers at Ground Zero and displayed in September 11th museum violated Constitutional and State Law.  In July 2011, a coalition including American Atheists, Inc. brought an action against the Port Authority of N.Y. & N.J. and the foundation  responsible for developing, designing and operating the National September 11 Memorial and Museum regarding the display of a large cross in the museum.  The seventeen-foot cross, made … <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>


Appellate Court Affirms Special Permit for Hospital for Special Surgery

Resident opponents failed to block City Planning’s approval of Hospital for Special Surgery expansion. The Hospital for Special Surgery (HHS), located at 535 East 70th Street, proposed a major renovation and expansion of its existing facility located between East 70th  Street and East 72nd Street, and between York Avenue and  the FDR Drive in Manhattan.

On December 26, 2006, the City Planning Commission (CPC) issued a positive declaration and Lead Agency Determination along with an … <Read More>