Sidewalk cafe permit denied

Owner of West 23rd Street restaurant sought to extend seating outside. In May 2018, Maxver LLC applied to the City Department of Consumer Affairs for consent to open an unenclosed sidewalk café outside of Calle Dao Chelsea, the Cuban-Chinese fusion restaurant that Maxver operates on Manhattan’s West 23rd Street. The application called for four tables, each seating two people. Consumer Affairs forwarded the application to Community Board No. 4, which, after a public hearing, unanimously … <Read More>


Conflicts Board Adopts New Rules on Post-Employment Restrictions and Gifts

On October 8, 2020, the Conflicts of Interest Board adopted new and important changes to its post-employment rules that restrict former City employees from contacting their former City agencies. The Board, in addition, on May 21, 2021, adopted rules relating to the acceptance of gifts by City employees in certain recurring situations. This article examines these new rules.


Comptroller’s DOB Audit Reveals Failures to Combat Illegal Curb Cuts and Driveways

Buildings facilitated the installation of illegal curb cuts and driveways by approving work permit applications that did not meet Zoning Resolution requirements. On July 1, 2021,  New York City Comptroller Scott Stringer released an audit of the Department of Buildings, finding widespread deficiencies in Buildings’ efforts to combat illegal curb cuts and driveways.


UPDATED: Work on apartment tower to continue after appeal

NOTE: This article was written for and previously appeared in an issue of CityLaw earlier this year, and was chosen for publication to CityLand prior to the issuance of a recent appeal decision that has now overturned this case. Please wait for future coverage of this issue.

Developer received permit to build record-setting skyscraper on the West Side of Manhattan. In November 2017, Extell Development Company unveiled plans to build a massive residential tower for … <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>