Selendy & Gay obtained a unanimous reversal from the Appellate Division, First Department of a trial court decision ordering SJP Properties, a New York-based real estate developer, to tear down numerous floors of its residential building at 200 Amsterdam Avenue on Manhattan’s Upper West Side.
Two community groups filed a lawsuit challenging SJP’s construction permit, claiming its zoning lot was unlawful because it contained partial tax lots, despite the fact that such zoning lots have been approved consistently for over 40 years. Represented by Selendy & Gay, SJP appealed to the First Department. On March 2, the appellate court unanimously adopted Selendy & Gay’s arguments that SJP’s permit relied on a permissible reading of the City’s Zoning Resolution, and that the challengers had mooted their case by allowing the building to reach substantial completion during the litigation.
The Selendy & Gay team representing SJP included Caitlin Halligan, Michael Duke and Ryan Allison.