Search Results for: Article 78 Petition

Review denied of neighbor’s alterations

Neighbor asks the Landmark Preservation Commission to review their neighbor’s completed renovations. Richard Robbins lives in an apartment on West 103rd Street. Robbin’s next-door neighbors at 315 West 103rd Street received permission in 2008 from the Department of Buildings to enlarge their home. In 2009, Buildings ordered the neighbor to stop working on the addition, at a point when only the roof and the backyard expansion had been completed. In 2015 The Landmarks Preservation Commission … <Read More>

Loft board determination upheld

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>

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>