It's Official: Judge Flips Bird to Finger Building

1.

HOORAY!!!!!!!!

2.

Do the "roofdecks" need to be removed?

3.

Yes! Nice try Mendel, you sleazeball.

4.

Boo! NIMBYs once again stop housing from being built and exacerbate the housing shortage (they don't care because they are squatting in rent-controlled properties until death).

5.

pull my finger!

6.

A victory for law-abiding builders, architects and property owners everywhere.

7.

Crawford:
I know that's a troll, but it's so idiotic I can't let it pass. A judge (presumably not a squatter) made a decision based on the evidence presented. His decision was that the developer was not entitled to build 16 stories based on existing laws and regulations. This is not anti-development, just anti-illegal development.

8.

So, what are the chances of the developer filling in the emtpy property with a lower building? Or, is the Finger going to look like this forever?

9.

I suspect the developer will shear off the stubs of steel and top-off the building where it stands.

There's no possibility, short of a variance, in filling in the lower levels with more building.

10.

Dear "Crawford":

First, nice to name yourself after the town Bush's fake-ass "ranch," dumbass. Second, since you're such a with it dude, a streetwise prophet of the Now Generation (I dare say), would you mind telling the Curbed audience (not all of whom-- just most-- are bland yuppie cubefarmer douchebags trolling for "real estate tips") how many rent "controlled" apartments are actually in that area? Of course you actually mean "stabilized" but still... we got the point.

Is it a lot, or a little or very fucking few indeed and if so, why is that?

All said, this is a fluke good decision but still a welcome kick in the nuts to Goddamn Mendel (scumbag).

xxoo,

Amelia

11.

more like

pull my payes

pull my tallis

pull my tzitzit

pull my tefillin

time go to fuck yr wife in the mikvah bath while you get $10 blow jobs down on Kent St and paw thru the "erotica" books in Spoonbill "Mendel."

shalom!

frenchie

12.

frenchie, obviously you are one fuckin pissed off hassid yourself, are you Moshe?
If yes, then shalom to you, whats your uncle doing?

13.

The property owner brought this suit - because he was being ripped off by the developer -- not the "NIMBY" neighborhood. Another strike against Crawford's "savvy knowledge."

14.

wow, the vitriole. Everyone but everyone is just trying to make a buck. Granted some in a scummy sort of way..but that is what the courts are for.

anyway, is it just that the motion for summary judgment has been denied, doesn't that mean the case will still go forward, or was the developper banking it all on that (in other words, a full hearing will take too long and ot worth waiting for the 6 extra floors).

If i remember my court tv, "summary judgment is when you try to win on motion before any deliberations by judge or jury (ex. X land owner has presented insufficient evidence to even raise a doubt as to the developper's right to build 6 more floors.)

So is it over or is this round 1?

15.

#14, your analysis is correct that this is a preliminary decision. But, the reality is that the developer lost because if he has to go through a trial that would take months if not years and the project would be in bankruptcy. Even if he appeals it means that he has to pay interest on the loan etc. while the appeal is working it's way through the system. Unless the developer has a ton of cash they are screwed.

16.

crawford - what housing shortage would that be? The housing shortage for $750 condos in Brooklyn? DingDong.

17.

#15, thank you for your analysis. A lawyer myself, but not a developer, I suspect you're right. I certainly hope so.

What were the architects and lawyers THINKING when drafting the Zoning Lot Developement Agreement for this fiasco? What a mess.

18.

Let's see, what were they thinking? Just to refresh our memories (from the NY Daily News, 11/4/06) :

---------------------------------
Take developer Mendel Brach and his association with tainted architects Robert Scarano and Henry Radusky — poster boys for building boom boondoggles.

The Buildings Department has accused Scarano of ignoring zoning rules or building codes at no less than 26 Brooklyn apartment buildings, and three workers have been killed at buildings whose plans he vouched for.

Brach and fellow developer Moshe Oknin teamed up with him in the race to build an apartment tower at 144 N. Eighth St. in Greenpoint, Brooklyn, before the block was down-zoned.

Opponents of the project have dubbed it the "finger building," likening it to an obscene gesture in the low-rise neighborhood.

Scarano submitted plans for roof decks over two of businessman Scott Spector's adjacent properties to meet an "open space" requirement that would allow the building to rise above 10 stories.

Spector sued Scarano, Brach and Oknin, charging they had no right to build over his property and that they also tore down another of his buildings without permission.

In court papers, Brach denied the allegations and says they were made after the developers turned down Spector's demand that they buy the building in question for $17 million, "a price far in excess of the value."

The Buildings Department has ordered the developers to stop construction of the violation-riddled building at the 10th floor. But Brach hasn't given up. He has filed for summary judgment that would allow him to build to 16 stories. The case will be argued in Brooklyn Supreme Court on Nov. 13.

Then there's Radusky.

He was the architect for five Brach buildings on a block of small homes on Spencer St. in Bedford-Stuyvesant, Brooklyn. Brach took advantage of an academic-use zoning exemption — the buildings were to be used to house teachers for a yeshiva — that allowed the buildings to rise to nine stories. Radusky certified the plans.

Problem is, the apartments were not marketed to yeshiva faculty as promised. They sold on the open market for about $25 million. When city officials learned of the deception, they refused to grant certificates of occupancy, leaving residents unable to sell or refinance their apartments.
------------------------------------

So these are not the kind of people who care about rules, or people for that matter. And, until recently, they got away with all of it. That yeshiva housing scam worked several times, probably made Brach and his posse millions.

19.

wait a second...frenchie?...they have $10 blowjobs down on Kent Street?

20.

16 stories could also still happen if Mendel ponies up for the development rights.

21.

Smell my finger.

22.

Is it Kent street or Kent ave?