DOI Report Exposes City’s Failure to Preserve Property Restrictions on the Rivington House

The Department of Investigation’s Report found that the City’s deed-modification procedure lacks safeguards required to ensure the removal of restrictions on formerly City-owned property is in the City’s best interest. On July 14, 2016, the Department of Investigation issued a Report finding that the actions and inactions of City officials, specifically within the Department of Citywide Administrative Services (DCAS), the Mayor’s Office of Contract Services (MOCS), the Law Department, and Mayor’s Office, facilitated the sale … <Read More>


How Small is Too Small: the Trivial Doctrine in New York Law

How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for … <Read More>


Staten Island Building Owner Fined $71,900 for Illegal Conversion

Owner converted a two-family house to a four-family. On May 27, 2009, the Department of Buildings issued four notices of violation to Nashat Estafanous. Estafanous owned a residential property at 25 Simonson Avenue in Staten Island, which he converted, without permits, from a two-family residence to a four-family residence by fitting the attic and newly-constructed garage for occupancy. The NOVs imposed a fine totaling $31,100, and ordered Estafanous to remove the illegal conversion construction … <Read More>


NYC Landmarks Law and Regulation of Open Space

The Landmarks Preservation Commission (LPC) has jurisdiction over both buildings and landscape features on landmarks sites.   But the Commission rarely directly regulates changes to landscape features. For routine landscaping changes and in urban contexts, the landscape features are rarely a concern. In other cases the landscape takes on central importance. This is especially true where there where the existing landscaping and natural land features figure prominently in the beauty and importance of the site. In … <Read More>


Airbnb Opposition Makes for Strange Bedfellows

There are some things you can always count on here in New York: alternate side of the street parking, the subways always running (except when they’re not, like late nights and weekends), the Yankees making the playoffs (except when the Mets do) and landlords and tenants being diametrically opposed. Like Superman and Kryptonite, oil and water, landlords and tenants have always had one thing in common – a mutual distrust of one another.

That is … <Read More>