Development of Willets Point Blocked on Appeal

Appellate panel found the authorization for private construction on parkland did not extend to a shopping mall.  On October 9, 2013, the City Council approved Queens Development Group’s planned 10-story, 200-room hotel and 30,000-square foot mall complex on the Willets Point West site, formerly the location of Shea Stadium.  The site was once the north end of Flushing Meadows Park until the state legislature authorized the stadium’s construction in 1961.  The development would anchor further … <Read More>


New York State Court of Appeals Permits NYU Expansion Plan

Court found no implied dedication of target parcels as parkland.  In 2012, the City Council approved a plan by New York University to develop two “superblocks” bounded by West 3rd Street, Houston Street, Mercer Street, and LaGuardia Place in the Greenwich Village section of Manhattan as part of an expansion plan for the campus.  Assemblymember Deborah Glick, joined by the Greenwich Village Society for Historic Preservation, the Historic Districts Council, and other local … <Read More>


BSA Denial of Billboard Permit Upheld on Appeal

Court held Board properly found billboards were prohibited near Holland Tunnel exit.  On January 8, 2013 the Board of Standards and Appeals issued two decisions denying an appeal of a Department of Buildings decision to refuse permitting two billboards near the Holland Tunnel exit in Tribeca, Manhattan.  Take Two Outdoor Media LLC, the appellant, argued the Holland Tunnel’s exit roadway did not constitute an “approach” to an arterial roadway under §49-16 of the Rules of … <Read More>


ECB Denies Appeal of Dismissed Buildings Summons

Board finds no evidence the engineer knew or should have known his filed plans were inaccurate.  On September 25, 2014 the Department of Buildings issued a notice of violation to Kenneth Philogene, a professional engineer, for making a material false statement in amended construction plans filed with DOB.  The amended plans submitted by Mr. Philogene on September 8, 2014 showed the subject building at 1215 Jefferson Avenue in Bushwick, Brooklyn to be three stories tall, … <Read More>


Permission to Operate Sidewalk Café Upheld on Appeal

Landlord was required by lease to consent to tenant’s operation of a sidewalk café, absent a good-faith basis.  DMF Gramercy Enterprises, Inc. has operated Pete’s Tavern, a sidewalk café at 129 East 18th Street in Gramercy, Manhattan, and claims to be the longest continuously-operating bar and restaurant in New York City.  DMF Gramercy has operated Pete’s since 1964 when it entered into a lease with the building’s then-owner. The current owner is the Lillian Troy … <Read More>


Challenge to NYU Expansion Plan Overturned on Appeal

Coalition of local residents, Greenwich Village community organizations, and elected officials sought to prevent NYU’s development of two superblocks north of Houston Street. In 2012, the City Council voted to approve multiple actions to allow an expansion plan by New York University to develop two superblocks bounded by West 3rd Street, Houston Street, Mercer Street and LaGuardia place in Manhattan’s Greenwich Village. The project, projected to take 20 years to complete, would entail the construction … <Read More>