Triton Structural Concrete Failed to Reserve $790,125 Claim

Contractor hired to repair Hurricane Sandy damage failed to list dispute when seeking time extensions on project. In 2009, the Department of Design and Construction awarded Triton Structural Concrete, Inc. a $105,003,443 contract to rebuild and repair various beachfront structures in Brooklyn, Queens and Staten Island that were damaged by Hurricane Sandy. The contract required Triton to install prefabricated modular buildings on driven pile foundations along several sections of the beachfront.


Victoria’s Secret fined $7,200 for signs

Outdoor signs at Herald Square store exceeded the maximum allowable height. Victoria’s Secret, located in Herald Square at 1328 Broadway in Manhattan, maintained three outdoor signs that reached 37 feet above curb level. On November 23, 2015, the Department of Buildings charged Victoria’s Secret with violating the maximum allowable height of 25 feet as set out in Section 32-655 of the New York City Zoning Resolution. The officer charged Victoria’s Secret with three Class 2 … <Read More>


New Local Law creates uncertainty for “as-of-right” development

Central to the concept of zoning is that a developer may rely on the text and build to the limits written into the zoning resolution.  The council has now tinkered with that expectation.  Under a new local law, the council can potentially overcome the “as-of-right” option by adopting a text change on an expedited basis.

The local law was a response to the controversial Two Bridges project, a proposal consisting of three residential towers … <Read More>


HPD’s Lien for Shelter Upheld

HPD provided temporary housing for tenants and then filed liens against the tenants’ former landlords for expenses in providing the temporary housing. The Court of Appeals issued one opinion involving two separate cases concerning expenses incurred by the Department of Housing Preservation and Development for temporary shelter. In 1995 the Fire Department issued a vacate order affecting two tenants of a building in Brooklyn owned by David Rivera. HPD provided the tenants with temporary … <Read More>


Owner Defeated Tenants’ Loft Claim

Tenants sought loft law protection by claiming that two attached structures on one zoning lot were two separate buildings. A two-story building was constructed at 538 Johnson Avenue in the Williamsburg section of Brooklyn in 1916 using timber and wood planking. A four-story building was constructed adjacent at 75 Stewart Avenue in 1919 using concrete columns, beams and slabs. The four-story structure abuts the eastern wall of the two-story structure, and the stairwell in the … <Read More>


Planning Commission Approves Retail Conversion on Upper East Side

City Planning approved a special permit for a retail establishment in the bottom floor of a 17-story building on the Upper East Side. On October 4, 2017, the City Planning Commission issued a favorable report on an application for a special permit from the 19 East 72nd Street Corporation—owner of 19 East 72nd Street in Manhattan’s Upper East Side. The application sought a special permit to modify the use regulations of Section 22-10 and the … <Read More>