Injunction against DOB reversed

Staten Island civil court judge issued injunction against Buildings over C of O’s. In 2005, Judge Philip S. Straniere addressed a recurring issue in Staten Island where developers were failing to obtain final certificates of occupancy for new homeowners who, upon expiration of the temporary certificates, were unable to legalize their occupancy. Some of these homeowners, who had been cited by Buildings and ECB, sued the developers to compel them to obtain final certificates and … <Read More>


Claim of spot zoning and taking at Seaport rebuffed

Down-zoning in South Street Seaport upheld. Peck Slip Assoc. LLC, the owner of a surface parking lot at 250 Water Street, sued the City seeking to invalidate City Council’s down-zoning of the South Street Seaport area on a claim that the rezoning made 250 Water Street impossible to develop.

In April 2003, the City Council approved a South Street Seaport down-zoning, reducing the permitted height and mass of all future development in a l O-block … <Read More>


BSA Rebuffs Appeal Over Domestic Abuse Shelter

Group claimed shelter violated use limitations. A community group appealed the City’s Department of Buildings’ issuance of a permit allowing alterations to a Brooklyn building to accommodate a domestic violence shelter. Prior to the appeal and after the issuance of the permit, several parties, including the community group, sought an injunction in state court to prevent the shelter from occupying the building and from performing the permitted work. The court dismissed the complaint, finding that … <Read More>