Honig, Glambosky and Korman Successful on Appeal

August 27, 2020 | Real Estate, Zoning & Land Use | Appeals

In a highly publicized matter, Jeremy Honig, Erez Glambosky and Cheryl Korman, on behalf of their client, a neighborhood coalition, successfully persuaded the Appellate Division, First Department, to reverse the lower court and order a full hearing on whether a building in midtown Manhattan can be safely opened and operated as a homeless shelter.

The Appellate Division agreed that the mere issuance of a temporary certificate of occupancy is not absolute proof that a building is safe and that serious questions had been raised as to whether the building is safe for its proposed occupancy.

Honig was quoted in news articles about this important decision, saying that “We are pleased that the Appellate Division recognized that a full hearing is required in order to determine whether the building endangers the general welfare and safety of the public. Considering the overwhelming evidence of a multitude of dangerous conditions in the building, we are confident that the trial court will find that this building must not be permitted to open.”

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