Tenants claimed a permanent residence in loft building. Loft tenants Maria Nazor and Peter Mickle have occupied units 4N and 4S of 544 West 27th Street in Chelsea since 1983 and 1995, respectively. In 2009, after two unsuccessful holdover proceedings, landlord Sydney Sol Group Ltd. (f/k/a Mushlam, Inc.) won a judgement of ejectment against Nazor and Mickle in New York County Supreme Court. In December 2010, the Supreme Court vacated the judgement of ejectment and … <Read More>
Search Results for: Article 78
Tort claim against HPD advances
HPD performed an emergency excavation without giving owner time to comply. The Trustee of a family Trust hired three workers to excavate soil on the Trust’s Brooklyn property to fix an emergency condition at 146 Wilson Street, Brooklyn. The three workers were trapped when the excavation collapsed. The City Department of Buildings issued a full stop order to the Trustee for excavations without a permit. The Housing Preservation & Development Department then advised the Trustee … <Read More>
Summons for no permit for window work dismissed
Neighbor alleged installation of windows in adjacent property interfered with use and enjoyment of his property. A disgruntled property owner claimed that his property was adversely affected when a neighboring building owner, 155 Meserole, LLC, installed new windows on its building. Leonard Sloninski, who owned the property adjacent to the 155 Meserole, LLC, complained to The Department of Buildings that the new windows lowered the value of his own building and prevented him from enjoying … <Read More>
Court Orders DOB to Revoke Permit and Compel Owner to Remove Floors in Upper West Side Condominium Development
Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York, won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit … <Read More>
REBNY Challenges Department of State’s Memo Prohibiting Broker’s Fees
Real estate community in state of confusion over 2019 Rent laws. On February 10, 2020, the Real Estate Board of New York Inc. (“REBNY’”), the New York State Associations of Realtors (“NYSAR”) and a host of residential real estate brokerages were granted a temporary restraining order, blocking the New York State Department of State’s guidance on broker commissions. The TRO comes in conjunction with their Article 78 filing seeking to invalidate the memorandum’s entire section … <Read More>
Water and Sewer Fees Bill Upheld
Church claimed full exemption from water and sewer charges. The Bethelite Community Church, located in Harlem, owed $1 million in back water and sewer bills. The Church insisted that its building, as a place of public worship, was exempt from water and sewer fees. The Church applied for full exemption including residences within the property incidental to the exempt uses of the property. The Church reasoned these residences were used by the church administrator and … <Read More>