Matters

Harbor Group International – Purchase of Black Rock Tower – Manhattan

Represented Harbor Group International in the zoning and land use for their $760 million purchase of the granite tower, known as Black Rock, at 51 West 52nd Street in Manhattan from ViacomCBS Inc.

G4 Capital Partners – 200 Kent Avenue

Represented an affiliate of G4 Capital Partners in the zoning due diligence for a 110,000-sq.-ft. project which includes a Trader Joe’s at 200 Kent Avenue in Williamsburg, Brooklyn.

William Macklowe Company – Park Slope, Brooklyn Acquisition

Represented the William Macklowe Company in the acquisition by it and Senlac Ridge Partners of a development property at 120 Fifth Avenue in Park Slope, Brooklyn. This complex deal closed on its original timeline even with the COVID-19 New York State on Pause limitations in effect.

G4 Capital Partners – 127 West 23rd Street, Manhattan

Represented G4 Capital Partners on zoning and land use review regarding a $75 million loan for a 30-story office tower at 127 West 23rd Street in Chelsea.

N.E.W. Corp. – Development Rights and Fee Title – 10th Ave. Manhattan

Represented N.E.W. Corp. in the sale of the fee title for 116 10th Avenue, as well as the unused development rights for 453 W 17th Street in Manhattan to GDS Development and Swedish real estate firm Klövern AB. The deal for the development rights for 453 W 17th Street had been in progress for several years and following the onset of the COVID-19 pandemic in the spring of 2020, and the consequent shutdown of the seller’s nightclub tenant (Avenue Nightclub) at 116 10th Avenue, the parties were able to restructure and expand the deal to include also the fee title to 116 10th Avenue. 

Bank Leumi – $79 Million Manhattan Construction Loan

Represented Bank Leumi USA in a $79 million construction loan for development of the properties located at 224 and 238 West 124th Street, New York, which will be developed as an 18-story, “70/30” rental apartment building containing 168 units (51 of which are affordable). This deal involved unusual zoning subdivision issues as well as coordination with HPD and HUD on various deal components.

Metropolitan Commercial Bank – $17 Million Mortgage Loan – Long Island City, NY

Represented Metropolitan Commercial Bank in a $17 million dollar loan for a property located at 9-03 44th Road, Long Island City, New York. Among other things, the deal involved working with the ground lessor, the NYC Industrial Development Agency and the preferred equity investor.

Slate Property Group – Zoning Analysis for Forest Hills Development

Represented Slate Property Group by providing a zoning analysis and zoning opinion letter for construction loan financing in connection with the development of a 166-unit, residential development located at In Forest Hills, New York.

Mitsui Fudosan and SJP Properties – 200 Amsterdam

Achieved significant victory in a high-profile, multi-year dispute over the approximately $1 billion dollar development at 200 Amsterdam—an important ruling for both Herrick clients and developers throughout New York City. Herrick represented Mitsui Fudosan and SJP Properties as co-counsel in the zoning litigation involving their development of the luxury high rise building when a neighborhood coalition of Upper West Side residents and politicians challenged the Department of Building's approval of the project and two approvals by the NYC Board of Standards and Appeals. The community groups argued that the developers created an illegal zoning lot - which was an unusual shape and utilized partial tax lots. In 2020, even though a N.Y.S. trial judge previously denied an injunction and held that the opponents failed to show a likelihood of success, the judge thereafter ordered that our clients deconstruct several floors of the already built same 52-story building. In March 2021, the N.Y.S. Appellate Division unanimously reversed and ruled in favor of the developers, finding that the building permit was lawful and that the trial court should have deferred to the N.Y.C. Board of Appeals. Opponents sought leave to appeal to the N.Y. Court of Appeals. In September 2021, the N.Y. Court of Appeals denied the opposition group’s motion for leave to appeal.

Goldman Sachs – Zoning for $240 Million Development – 80 Flatbush

Represented Goldman Sachs as zoning counsel for a $240 million construction loan for Phase One of the final major downtown Brooklyn development project at 80 Flatbush Avenue. The overall project includes five buildings and over 800 apartments, 200,000 square-feet of office space, 40,000 square-feet of retail and two schools. Phase One is a nearly 500-foot-tall tower with about half the overall units. The block-sized project included multiple entitlements from the City and a complex development rights arrangement.

Blackstone – Land Use & Zoning for Terminal Warehouse – Manhattan

Herrick acted as zoning and land use counsel to Blackstone for a $1.2 billion construction loan to L&L Holding Company and Columbia Property Trust for redevelopment of the Terminal Warehouse in West Chelsea, Manhattan. The 1.3 million-square-foot asset occupies the entire block bounded by 11th and 12th avenues (the West Side Highway), and West 27th and West 28th streets.

The Forest Road Company – $17 Million Loan Secured by Tax Credits

In the first transaction of its kind in New York, Herrick represented The Forest Road Company in connection with a $17 million mortgage loan secured primarily by up to $22 million in New York Brownfield Tax Credits relating to a property located in New York City. The Tax Credits and related proceeds will be earned after demolition of the existing structure, performance of environmental remediation pursuant to a Brownfield Cleanup Agreement overseen by the NYS Department of Environmental Conservation, and construction and placing into service of a new residential building at the site.

Apollo Global Management – Land Use Review for Brookfield Properties – Bankside Project

Represented Apollo Global Management in the land use and zoning due diligence for the next phase of Brookfield Properties’ Bankside Project at 101 Lincoln Ave in the South Bronx of NYC.

Rabsky Group – Land Use Due Diligence for Gowanus Development

Represented the Rabsky Group in the land use due diligence for the $92 million construction loan for a large mixed-use project in Brooklyn’s Gowanus neighborhood.

ASPCA – Zoning Resolution Determination

Herrick partnered with the ASPCA on a pro bono basis to enable them, under zoning, to provide overnight animal boarding their veterinary clinics. The Department of Buildings generally does not allow overnight animal boarding in areas not zoned for manufacturing use, and the ASPCA’s property is zoned for residential and commercial use. We drafted a zoning memorandum and a Zoning Resolution Determination (ZRD1) which outlined a legal strategy to allow for overnight animal boarding at clinics they operate in the five boroughs. 

BFC Partners – City Council Approval – Bedford Armory Redevelopment

Successfully helped BFC Partners obtain New York City Council approval to redevelop the Bedford Union Armory in Crown Heights, Brooklyn, into a 500,000-sq.-ft., mixed-use property with a recreational facility, community venue and office and commercial space.

Property Markets Group – Gowanus Redevelopment, Brooklyn

Representing Property Markets Group regarding New York City’s rezoning study for the Gowanus Canal area.

Goldman Sachs – Zoning Due Diligence for Financing of Major Long Island University Redevelopment

Represented Goldman Sachs in the zoning due diligence for the $225.6 million financing of a major redevelopment at the Brooklyn campus of Long Island University. LIU plans to construct a residential high-rise containing roughly 30% affordable units, as well as a garage structure and a rooftop athletic field.

Goldman Sachs – General Land Use Due Diligence

Represented Goldman Sachs on various land use and zoning due diligence matters throughout New York City.

RAL Development – Union Square Tech Hub

Represented RAL Development Services on the redevelopment of 124 East 14th Street into a 21-story, 240,000-sq.-ft. tech-focused office space. The building, which Mayor de Blasio called “the front door for tech in New York City,” is a joint venture between the city's Economic Development Corp. and our client RAL. Located on city-owned land, the $250 million project will offer affordable technology training for New Yorkers seeking to join the digital economy.

Defending Challenge Construction of High-Rise Residential Tower

Represent owner/developer in the zoning for their development of Manhattan high rise residential condominium building, including opposing an effort to halt construction and a challenge to the project’s approval brought by local community groups.

Josif A LLC – Staten Island Retail Development

Successfully secured New York City Council approval for Josif A LLC’s 226,000-sq.-ft. retail development in the Mariner’s Harbor section of Staten Island. We navigated a multi-year public and environmental review process which included interacting with local council member Deborah Rose, as well as the chairs of the City Council’s Zoning Subcommittee, Donovan Richards, and its Land Use Committee, David Greenfield; and culminated in the City Council’s approval of the project’s Uniform Land Use Review Procedure (ULURP) application.

Madison Realty Capital – Bushwick Zoning Due Diligence

Represented Madison Realty Capital in zoning due diligence and 421-a vesting due diligence for a new two-building rental complex in Bushwick, Brooklyn.

Madison Realty Capital – $88 Million Construction Loan – Zoning Due Diligence

Advised Madison Realty Capital on zoning due diligence for a $88 million construction loan to a seven building multi-phase development in Bedford-Stuyvesant, Brooklyn.

Madison Realty Capital – $78 Million Acquisition Zoning Due Diligence

Advised Madison Realty Capital on zoning due diligence for their $78 million acquisition of two industrial buildings in Jamaica, Queens.

Deutsche Bank – $200 Million Loan for One Wall Street

Represented Deutsche Bank on zoning and landmarks due diligence for a $200 million loan to Macklowe Properties for the redevelopment of the landmarked building at One Wall Street. 

Deutsche Bank & Vanke – Zoning Due Diligence for The Vanderwater

Represented Deutsche Bank and Vanke in zoning due diligence for The Vanderwater, a new 32-story condominium building at 543 West 122nd Street located within the Jewish Theological Seminary’s Morningside Heights Campus in Upper Manhattan.

Deutsche Bank – Manhattan Zoning Due Diligence

Represented Deutsche Bank in zoning due diligence for the redevelopment of 150 Rivington Street, the former site of Streit's Matzo Factory.

Deutsche Bank – West End Avenue

Assisted Deutsche Bank in the closing of a $150+ million loan for 1-15 West End Avenue, a residential tower in the Riverside South complex on Manhattan's Upper West Side. 

G4 Capital Partners – $71 Million Construction Loan in Brooklyn, NY

Represented an affiliate of G4 Capital Partners LLC in connection with a $71-million construction loan to be used for the construction of a mixed use building with more than 165,000-sq.-ft. of residential space, a community facility and parking spaces for a development at 2300 Cropsey Avenue, Brooklyn, NY.

G4 Capital Partners – 88 Wall Street

Represented G4 Capital Partners in the zoning due diligence for 88 Wall Street where the current office building is being converted to a 98,000-sq.-ft. hotel and restaurant.  

Real Estate Investment Bank – Land Use and Zoning Advice

Represented a real estate investment bank in connection with land use and zoning advice for a major redevelopment project in Brooklyn, New York.

Brooklyn Bridge Park Developers – Zoning Litigation

Representing the developers of Brooklyn Bridge Park's Pierhouse hotel and condominium project, in a suit filed by activists, alleging that the project violates the Special Scenic View District regulations established under the Zoning Resolution.

National Communications Service Provider – Land Use & Zoning Counsel

Advised a national communications service provider with respect to zoning and land use matters for their portfolio of New York City real estate, including potential acquisitions, re-use and redevelopment opportunities.

Community Preservation Corporation – Domino Sugar Factory

Represented an affiliate of the Community Preservation Corporation in the development of the 11.5-acre waterfront complex in Williamsburg, Brooklyn, that was formerly home to Domino Sugar. We advised on the site's rezoning, which resulted in one of the largest residential redevelopment projects in the city. We collaborated with Mayor Bloomberg's office, community leaders, and city and state departments and agencies on the design and development, and obtained approvals from the New York City Landmarks Preservation Commission, the New York City Planning Commission, the New York State Office of Parks, Recreation, and Historic Preservation, the New York State Department of Environmental Conservation, and the U.S. Army Corps of Engineers.

The Lightstone Group – Public Plaza Floor Area Bonus for 130 William Street

Successfully secured a public plaza floor area bonus from the City Planning Commission Chairperson for The Lightstone Group's development of 130 William Street, a 60-story residential condominium in the Financial District.  The 5,137-sq.-ft. public plaza will permit an additional 31,902-sq.-ft. of zoning floor area within the building.

Mitsui Fudosan – $259 Million Hudson Yards Office Tower Investment

Represented Mitsui Fudosan America in land use diligence in advance of a $259 million investment in 55 Hudson Yards, Related Companies' 1.3 million-sq.-ft, Hudson Yards office tower.

Financial Institutions – South Street Seaport Development Rights Sale

Advised a consortium of four large financial services companies on the sale of 333,000-sq.-ft. of development rights in Manhattan's South Street Seaport to the Howard Hughes Corporation.

Otera Capital Investments – Special Zoning Counsel

Special counsel to Otera Capital Investments IX Inc. in zoning and title matters related to $147.7 million in loans to HFZ Capital Group, for an assemblage of several parcels in the NoMad neighborhood of Manhattan where HFZ is planning a 60-story office tower.

Read Property Group – Bushwick Rheingold Brewery Rezoning

Represented Read Property Group on their applications to various New York City agencies for the rezoning of the Rheingold Brewery site in Bushwick, Brooklyn.