New York City PRACTICE UPDATE

Dan Braff acted as special zoning counsel to a Manhattan-based law firm in connection with that firm's representation of a lender having a substantial mortgage on an industrial property in Queens. The owner of the property, subject to the mortgage, sought to merge its zoning lot with an adjoining zoning lot to facilitate the redevelopment of the property with a new four-story warehouse and showroom. As a "party in interest," pursuant to the New York City Zoning Resolution, the lender was required to waive its right to execute the Declaration of Zoning Lot Restrictions, which is the document necessary to effectuate a zoning lot merger in New York City. As special zoning counsel, Mr. Braff helped guide the law firm and its client through the complex requirements and address the potential risks associated with zoning lot mergers in New York City.

Mr. Braff represented the owner of a 35-story office building in midtown Manhattan in connection with the impact that a redevelopment of a neighboring property would have on the existing lot line windows of the office building. His representation included analyzing the effect of the East Midtown Rezoning on the redevelopment of the neighboring property, as well as the redevelopment of a two-story restaurant — also owned by the client — on the same block.

Mr. Braff presently represents three different fitness studios in connection with securing special permits from the NYC Board of Standards and Appeals. In New York City, most fitness facilities are deemed physical culture establishments and require a special permit. The special permit process is complex and requires public hearings before the local community board, as well as the Board of Standards and Appeals.

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