1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 201 A.D.3d
  5. 201 A.D.3d 512 (2022)
 

MATTER OF BAYCHESTER RETAIL III, LLC v. CITY OF NEW YORK

Index No. 151514/20. Appeal No. 15102. Case No. 2020-04303.

201 A.D.3d 512 (2022)

157 N.Y.S.3d 364

2022 NY Slip Op 00265

In the Matter of Baychester Retail III, LLC, Respondent, v. City of New York et al., Appellants.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Mackenzie Fillow of counsel), for appellants.

Cyrulnik Fattaruso LLP, New York ( Jason Cyrulnik of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

Petitioner's claims are barred by the doctrine of ripeness. The Department of Buildings letter to petitioner, which indicated that it intended to revoke certain approvals, permits and signoffs unless petitioner demonstrated that they should not be revoked, did not constitute a final and binding agency determination which inflicted actual, concrete injury on petitioner (see Matter of Clair v City of New York, 144 A.D.3d 98, 108 [1st...

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