CASE STUDIES

Back

Adam Leitman Bailey, P.C. Successfully Protects Landmark Townhouse From Adjacent Construction

By Joanna C. Peck


chelsea highline

When the owner of a Landmark townhouse in Chelsea sought Adam Leitman Bailey, P.C.’s help after the owner of the adjacent townhouse notified them that they intended to perform an extensive renovation to substantially expand the footprint and height of their townhouse, Adam Leitman Bailey, P.C. successfully protected the owner from the intended construction, bringing a complete halt to the adjacent owner’s plans by presenting critical testimony before the New York City Landmarks Preservation Commission.

Taking a hands-on approach, the attorneys at Adam Leitman Bailey, P.C. immediately engaged a leading engineering and architectural consulting firm to evaluate the neighbor’s construction plans to determine the impact that such plans would have on the client and the neighborhood.  This approach included making visual observations concerning the mock-up construction of the building.

Working side-by-side with the architect and engineers, the attorneys were able to identify that the adjacent owner had misrepresented the total height of the mock-up in its construction plans and submissions to the local Community Board and the New York City Landmarks Preservation Commission.  The attorneys were also able to establish that the additional floor to the townhouse would be visible from the street, contrary to the representations the adjacent owner had made to the Community Board and the New York City Landmarks Preservation Commission.

The attorneys at Adam Leitman Bailey, P.C. determined that the most strategic option for the client was to identify how the planned construction was going to not only impact their client, but also affect the other neighbors and businesses on the block, including a historical church and theater company.

The attorneys at Adam Leitman Bailey, P.C. quickly engaged numerous neighbors on the block to notify them of the intended construction, and the impact it would have on their properties, and encouraged them to appear before the New York City Landmarks Preservation Commission to testify.

Appearing before the hearing at the New York City Landmarks Preservation Commission, the attorneys at Adam Leitman Bailey, P.C. testified before the Commission that the adjacent owner had failed to diligently notify the community regarding the intended construction.  In support of this testimony, the attorneys submitted a presentation binder to the Commission, which showed the true impact the proposed construction would have on the neighborhood, and established that the adjacent owner had mislead the Commission regarding the construction.  The presentation binder also included numerous letters from neighbors on the block objecting to the construction.

The attorneys at Adam Leitman Bailey, P.C. requested that the New York City Landmarks Commissions leave the record open concerning the proposed construction in order to provide the Commission and the surrounding community a more thorough opportunity to evaluate and opine on the proposed construction.

This multi-pronged strategy employed by the attorneys at Adam Leitman Bailey, P.C. proved to be an overwhelming success for the client.   The Landmarks Preservation Commission concluded that not only should the record be open concerning the proposed construction, as requested by Adam Leitman Bailey, P.C., but that the adjacent owner would also have to substantially modify its plans and vision for the renovations and expansion to the townhouse.

Adam Leitman Bailey and Joanna C. Peck represented the townhouse owner in the case.

Related Content

“We are finally at the point in time when I can say thank you so much for your phenomenal work. Your faith in this case was wise and the outcome matches.” “Hard work and risk pays off for closing” “ROCKSTAR. That’s what you are…Jackie…How can I thank you enough for all the work you have done…” Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender ALBPC Twice Saves Tenant’s Business from Certain Death ALBPC Releases Daughter, Mere Accommodation Signer on Lease, from Lease and Allows Her to Avoid Nonpayment Proceeding Adam Leitman Bailey, P.C. Gets $215K for Board after a Botched Common Charge Lien Foreclosure Adam Leitman Bailey, P.C.’s “Watershed Case” Changes Condominium Development Original Promissory Note Lost—Lender Satisfied UCC 3-804 and Entitled to Judgment Q&A: A Broken Shower Non-Disclosure Agreements Defend Against Fishing Expeditions Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part II) Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Christopher Halligan Speaks to the New York State Bar Association on Jury Trials in Landlord – Tenant Proceedings Adam Leitman Bailey Lectures for New York State Bar Association on Easements, Adverse Possession and Arcane Laws to Overcoming Building Obstacles Adam Leitman Bailey Guest Lecturer at New York Law School’s Landlord-Tenant Class NYSBA – Removing Real Estate Development Obstacles: Zoning, Restrictive Covenants, Easements, Adverse Possession and Boundary Disputes

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS