Scott Mollen Realty Law
Scott Mollen discusses "Arntzen v. NYC," where the court held that New York City must complete an environmental impact review on outdoor seating, and "The Bank of NY Mellon v. Luria," where the court challenged a recent Second Department decision on RPAPL §1304
June 28, 2022 at 11:49 AM
14 minute read
Land Use—Outdoor Seating for Restaurants, Bars and Other Establishments—NYC Ordered To Complete an Environmental Impact Review—SEQRA—City Failed To Undertake Environmental Impact Study and Elicit Public Comment for a Project That Could, Among Other Things, Involve "Unabated Noise, and Potential Safety Hazards"—Negative Declaration Was Arbitrary and Capricious—City Made "Impermissible Pre-Judgment"
This decision involved "sidewalk cafes and restaurants erected during the (COVID-19) pandemic along the streets of New York City" (City). Following executive orders issued by the State during the early stage of the pandemic, former Mayor de Blasio issued Emergency Executive Order 126 which, inter alia, directed the NYC Dep't of Transportation (DOT) "to establish and administer a program to expand seating options for restaurants, bars, and other establishments in certain outdoor areas, including on public sidewalks and curbside/street space, and otherwise suspended various zoning laws related to same…."
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