Eugene Travers. Image Credit: Eugene Travers/Kramer Levin

Governor Andrew Cuomo’s executive orders issued in response to the COVID-19 public health emergency halted non-essential construction throughout the City of New York. Many of the halted construction projects enjoyed land use approvals granted by City agencies, and the Governor’s orders did not toll the expiration dates of these approvals. (Update:) Subsequent to the construction shutdown, Mayor Bill de Blasio on April 29, 2020 issued an emergency executive order tolling the expiration dates of certain City land use approvals “for the duration of the [COVID-19] emergency.”  It remains to be seen if legislation will be adopted to provide a more permanent solution to address the time lost during the construction shutdown and the eventual remobilization period.  The New York State Senate passed a bill on May 27, 2020 that would allow the City to extend certain land use approvals issued before March 7, 2020 for up to 120 days beyond their stated expiration dates.*

Even with these measures, with limited exceptions, the approvals will expire after a period of time unless proactive measures are taken.  Developers and lenders should confirm the status of existing approvals, note their expiration dates (subject to any tolling), and apply for renewals as necessary.

This article describes the requirements to preserve the rights granted by some common land use approvals, and summarizes the expiration dates and renewal procedures for such approvals. (read more…)

January 15, 2013, Albany – Governor Cuomo signs groundbreaking legislation that will give New Yorkers the toughest protections against gun violence in the nation.

Congress and many states face political obstacles in passing gun controls. But in states where there are no such political obstacles like New York, existing gun control laws remain unimplemented and unenforced. Proponents of gun laws nevertheless argue that the next law will have a big impact. Gun control requires more than passing laws; gun laws must be effectively implemented and enforced. Often they are not. (read more…)

Ross Sandler

November 15, 2015 marked the 75th anniversary of the opening of the Queens Midtown Tunnel. The tunnel is an indispensable link between Manhattan and Queens, the Long Island Expressway, and JFK and LaGuardia airports. Its four lanes carry 80,000 vehicles a day. Few drivers in these 80,000 vehicles, however, were likely among those breaking open champagne bottles in celebration. Drivers are more concerned with getting in the tunnel, creeping through the tunnel, and getting out at the other end, at a toll of $8 per trip.

(read more…)

Ross Sandler

On Thursday, March 20, 2014, a lively audience filled the Kaye Playhouse at Hunter College to discuss Mayor John V. Lindsay. The occasion was the publishing of Summer in the City, John Lindsay, New York and the American Dream, edited by Hunter College Professor Joseph P. Viteritti. The audience came to hear two star-studded panels, the first moderated by Sam Roberts of the New York Times with Richard Ravitch, Lilliam Barrios-Paoli and Vincent Cannato. The second moderated by Errol Louis of NY1 and featuring former close Lindsay aides, Sid Davidoff, Ronnie Eldridge, Peter Goldmark and Jay Kriegel. The audience was not disappointed. (read more…)

David Gruber, Chair of Manhattan Community Board 2.

It is time to start a real conversation about a small store retail rent stabilization program.

Many neighborhoods , not only in Manhattan,  but  also in other high use commercial districts in all the  boroughs are being shred apart as small Mom and Pop’s just cannot fight back the tide of the enormous  run up of  commercial retail rents in recent years. (read more…)

Ross Sandler

More and more tort cases involve bike riders. Three recent cases demonstrate that injured bike riders may have difficulty in court.

CityLaw reported a case, 19 CityLaw 100 (2013), involving a bike rider in Fort Washington Park who encountered Sanitation workers cleaning graffiti. The workers had coned off the area, and the biker, to avoid the cones, rode onto the grass where he fell and broke several teeth. The Appellate Division dismissed his claim against the City. The actions by the Sanitation workers were part of a discretionary governmental function and were, therefore, immune from liability. This is an established judicial precedent for traffic applied to a bike rider. (read more…)