MTA Loses Suit against Hotel Developer over Elevator Construction at Rector Street Station
Herrick partners, William Fried and Brendan Schmitt were quoted in an amNY article discussing the successful conclusion for a case before the NY State Supreme Court involving our client, Trinity NYC Hotel, and the New York Metropolitan Transit Authority.
The dispute arose when the MTA attempted to halt construction at 50 Trinity Place, as it conflicted with a project to install an elevator to provide access to the Rector Street subway station below.
In an email with amNY, Bill and Brendan describe in more detail the import of the case, saying, "Context is important here, and additional context reveals that the 50 Trinity developer is actually constructing a component of this station’s accessibility project, specifically the mechanical room for the elevator equipment." They continued, "In fact, the room is a portion of the 50 Trinity cellar, and the 50 Trinity owner has donated that portion of its basement to MTA for that purpose and in perpetuity by easement."
Bill and Brendan go on to describe that the win was about more than avoiding an 18-month work stoppage, "In effect, MTA took the position that it can bestow the broad statutory authority granted to MTA to occupy municipal land without compensation to, and for the benefit of, private parties of MTA’s choosing."