Property owner held in civil contempt

Property owner blocked neighbor’s contractors from completing agreed repairs. In 2005, Mauro Palladino, without permits from the Department of Buildings, installed a pool, a fence, and a wall in the backyard of his Staten Island home. Palladino’s construction caused stormwater to flood the neighboring backyard of a home owned by Nicola Mezzacappa.  In 2008, Mezzacappa, sued Palladino for the damage to Mezzacappa’s property. The neighbors settled the lawsuit in 2011.  As part of the settlement, … <Read More>


Trial set for dispute over fire escape

Adjacent owner demanded that next-door neighbor remove fire escape that overhung the adjacent owner’s property. Clover M. Barrett owned a five-story mixed-use building, constructed in 1902, located at 338 Atlantic Avenue in Brooklyn. Barrett’s property had a fire escape dating from the original 1902 construction that hung three feet and five inches over a neighbor’s property located at 319-325 Pacific Street. The fire escape gave Barrett’s second through fifth floor tenants and building occupants the … <Read More>


Comment on Peyton v. NYC BSA

On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662.  The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to … <Read More>


Housing development on Pier 5 allowed

The City authorized Pier 5 on the Harlan River to be development for housing. The City acquired Pier 5 on the Harlem Riven, a 4.4 acre parcel of land in The Bronx, in 2006 during the $60 million renovation of Yankee Stadium and transferred control of the land to the Parks Department. Pier 5 is bounded on the north by Mill Pond Park, on the east by the Major Deegan Expressway, on the south by … <Read More>


Enforcement of sex shop rules halted

Adult entertainment businesses continue their decades-long fight against zoning rules that restrict business locations. In the latest installment in the City’s efforts to restrict adult entertainment establishments, a federal court enjoined enforcement of the City’s zoning resolution. This is the latest court action in a series of actions that began in 1994.