1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 191 A.D.3d
  5. 191 A.D.3d 548 (2021)
 

MATTER OF TENANTS UNITED FIGHTING FOR THE LOWER E. SIDE v. CITY OF NEW YORK DEPT. OF CITY PLANNING

153029/19, 153024/19. Appeal No. 13145-13146. Case Nos. 2020-01820, 2020-01933.

191 A.D.3d 548 (2021)

138 N.Y.S.3d 340

2021 NY Slip Op 01018

In the Matter of Tenants United Fighting for the Lower East Side, Also Known as TUFF-LES, et al., Respondents, v. City of New York Department of City Planning et al., Appellants. In the Matter of Lower East Side Organized Neighbors et al., Respondents, v. New York City Planning Commission et al., Appellants, and Two Bridges Associates, LP, et al., Intervenors-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 16, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Jamison Davies of counsel), for Municipal appellants.

Fried, Frank, Harris, Shriver & Jacobson LLP, New York ( Janice Mac Avoy of counsel), for Two Bridges Associates, LP, LE1 Sub LLC and Cherry Street Owner, LLC, appellants.

TakeRoot Justice, New York ( Paula Z. Segal of counsel), for Tenants United Fighting for the Lower East Side, Organizing Asian Communities, Good Old Lower East Side and Laguardia Housing Tenants' Association, respondents.

John R. Low-Beer , Brooklyn, for Lower East Side Organized Neighbors, Chinese Staff & Workers Association, Youth against Displacement, National Mobilization against Sweatshops, Clara Amatleon, Elvia Fernandez, Antonio Quey Lin, David Nieves and Audrey Ward, respondents.

Concur— Manzanet-Daniels, J.P., Webber, Kennedy, Mendez, JJ.

The court should have deferred to CPC's reasonable interpretation of the ZR not to require the CPC to make the findings enumerated in ZR § 78-313 as a condition precedent to approving modifications to a large-scale residential development (LSRD) other than special permits or authorizations (see Matter of Council of the City of N.Y. v Department of City Planning of the City of N.Y., 188 A.D.3d 18, 28 [1st Dept 2020]). ZR § 78-043 provides: "The requirements...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases