Matters

New York City Water Board Bill Credit Lawsuit

Herrick litigators successfully represented the Rent Stabilization Association and building owners Prometheus Realty, Portofino Realty and Tuscan Realty in a complete New York State Supreme Court victory against the New York City Water Board, and the New York City Department of Environmental Protection for illegally sidestepping the State's Public Authorities Law.

On June 6, 2016, Herrick won a temporary restraining order, stopping the Water Board from raising rates by 2.1% and granting a $183 bill credit for 1-3 family homeowners, which excluded larger multi-family dwellings. On June 20, Justice Carol R. Edmead of State Supreme Court in Manhattan ruled that the actions of the water board were “an abuse of discretion” and exceeded the board’s authority. Herrick government relations co-chair Kevin Fullington, litigation partner Michael Berengarten and associate Jared D. Newman represented the plaintiffs.

Resources

Private Club – Negotiations with the MTA over East Side Access Project Construction Issues

Representing a private club in its negotiations with the Metropolitan Transportation Authority on a mitigation plan to address the myriad of concerns related to impacts to the organization and its landmark designated clubhouse on the East Side of Manhattan from ongoing construction to complete the MTA's $10.2 billion East Side Access project, the first LIRR expansion in more a century and the largest transit project in the country.

Challenge to New York State’s Charter School Funding Law

Herrick achieved an important victory on behalf of the plaintiffs in Brown v. New York, securing a ruling in New York State Court denying a motion to dismiss our lawsuit challenging New York State's method of funding public charter schools. Our clients, five families whose children attend charter schools in the state and a Charter School advocacy organization for its member New York charter schools, argue that New York's practice of providing charter students with as little as three-fifths of what district students receive in the same community, violates the state Constitution and disproportionately affects children of color and lower incomes. The ruling was particularly important as similar claims raised by charter school parents in four others states – North Carolina, New Jersey, Arizona and Texas – all failed to survive defense motions to dismiss. Herrick continues to represent the clients in defending the ruling on appeal to the Appellate Division, Fourth Department.

Real Estate Companies – Second Avenue Subway

Representation of major real estate companies in negotiating condemnation matters with the Metropolitan Transportation Authority related to the Second Avenue subway.

342 East 72nd Street Corporation – Second Avenue Subway Entrance Relocation

Representation of 342 East 72nd Street Corporation in fighting the relocation of a new subway entrance. The original plans called for the entrance to be embedded in the basement of a building at the corner of 72nd Street and Second Avenue, but the MTA announced a new plan to move the entrance to the middle of the block on 72nd Street between First and Second Avenues—directly in front of residential buildings. Herrick is helping the local building owners fight this plan.

New York Fire Alarm Association – Opposition to New Fee Rules

Representation of the New York Fire Alarm Association, a trade organization comprised of companies who monitor fire alarm systems in New York City, in government relations matters. The New York City Fire Department recently published its intent to adopt new rules—which are unduly onerous and would be a major headache for the industry—regulating the fees that these companies would have to pay the city. Thanks to Herrick’s efforts, the FDNY agreed to postpone adoption of the new fee rules for a year. It also agreed to work with the industry over the next year to promulgate rules that are reasonable.

Gotham Organization – Mixed-Use Development

Representation of Gotham Organization, a premier New York developer and construction company, in various government relations matters.

Clear Channel Outdoor – Victory in MTA Signage Zoning Dispute

Herrick won an important decision for client Clear Channel Outdoor in litigation challenging New York City's attempt to enforce local zoning laws and regulate signage on MTA property. In a ruling covering three separate cases, a New York state court judge found that certain MTA facilities are not subject to the jurisdiction of the City of New York, and the city may not enforce its zoning resolution as to certain outdoor signs located on MTA property. The ruling vacated the NYC Department of Buildings' 2012 rejection of the plaintiffs' requests to register 13 signs that would go up on railroad rights-of-way, trestles or overpasses owned or controlled by the MTA - a decision based on newly adopted city restrictions on outdoor advertising signs within 200 feet of arterial highways.

Staten Island Retail Center Complex Development

Representing the Alpert family in connection with the development of a large shopping center complex in Staten Island. Our work includes a significant Uniform Land Use Review Process application involving street mappings, special permits, government relations activities and an environmental impact statement.

Trade Group – City of New York Legislation

Advising a trade group that represents companies that do significant construction work in New York City, in government relations matters. The City of New York recently introduced new legislation aimed at improving safety by promoting rule changes regarding licensing of trade members. Herrick is working with the industry to promulgate legislation that is reasonable and insure the public's safety.

Nissan North America – Taxi of Tomorrow

Representing Nissan North America which recently won the City's competition to create the "Taxi of Tomorrow" in government relations matters. We are providing strategic and policy guidance to help Nissan finalize the process with The Taxi and Limousine Commission and the City to bring the new Nissan taxi on the road.

Wells Fargo N.A. – Landmarks Advice

Represented Wells Fargo, N.A. in obtaining approval from the City's Landmarks Preservation Commission for signage at its new consolidated headquarters on 42nd Street.

Rent Stabilization Association of NYC – Litigation in New York State Supreme Court

Representation of the Rent Stabilization Association of NYC, the largest trade association in New York City dedicated to protecting and serving the interests of the residential housing industry, in litigation filed in New York state Supreme Court challenging the legitimacy of the state's Tenant Protection Unit and a set of new rent regulations that violate rent regulated owners' rights.

Telecommunications Company – NYC Fiber Optic Franchise

Representation of a major new telecommunications company in negotiating and obtaining approval for New York City franchise to install fiber optic cable throughout the City of New York.

Acquisition of Fiber Optic Cable System

Represented a group of investors in a joint venture to acquire a fiber optic cable system from a network provider in New York. The transaction included a capital raise and obtaining a new franchise agreement from New York City.

RXR Realty – NYC Property Acquisition

Represented RXR Realty in providing advice relating to the acquisition of a New York City property.