Property owners and neighboring residential buildings sued to stop Sanitation garage. The Second Department affirmed the lower court decision of Justice Abraham Gerges dismissing claims brought by property owners, nearby businesses and residents objecting to the condemnation of land in Clinton Hill, Brooklyn for construction of a Sanitation truck garage. 1 CityLand 48 (Dec. 2004).

The court found the parties’ claims untimely since their challenges to the condemnation were entirely based on the land use approval and the environmental review. The parties should have filed an article 78 challenge four months after the Planning Commission’s approval was final. The court also found that the City complied with the land use and environmental review procedures and met the requirements of the condemnation law. The court awarded costs to the City payable by each of the parties that filed briefs.

Marcy Housing Tenants Assoc. v. City of New York, 2006 NY Slip Op 6860, Sept. 26, 2006 (2nd Dep’t) (Michael A. Cardozo, Edward F.X. Hart, Drake Colley, for NYC).