The New York State Court of Appeals is expected to rule soon on a lawsuit brought by residents in an adjoining building to the five-story, mid-block building at 330 West 86th Street to prevent its redevelopment into a mid-rise condo building by Darkhorse Development LLC, of which Robert Ricciardelli is a principal.
The proposed, 20-foot-wide building, shown in the center of the rendering at the left, has been designed by Barry Rice Architects and is similar to several other so-called "needle" buildings, such as 985 Park Avenue, that have filled the narrow gaps, or holes, between pre-war, mid-rise apartment buildings.
The city had acquired the 8-apartment building at 330 West 86th Street through tax foreclosure and because of its "deteriorated condition," the Department of housing and Preservation and development decided to sell it without public auction or sealed bids in 1997 under the Urban Development Action Act.
The building's tenants formed 330 West 86 Oaks Corporation and agreed to buy the building at the city's offering price of $340,000 and the city approved the sale in June, 1999.
The tenants' company was required to remove any existing violations, but did not and in February 2001 it sold it for $1 million to 330 West 86th Street, LLC, according to a summary of the case published by the Public Information Office of the State of New York Court of Appeals. An article in yesterday's edition of The New York Times by Alex Mindlin, said that the residents had "sold it for $2.25 million to a company called Darkhorse Development, which plans a 17-story glass-and-brick residential building on the site."
The sale was opposed by 328 Owners Corp., representing residents in the adjoining building, and after the sale it amended its complaint to add the new owner as a defendant, seeking a declaration that use of the property is limited to rehabilitation or conservation of the existing building, or construction of one- to -four-unit dwellings.
The Times article noted that "in documents filed in January with the State Court of Appeals, city lawyers described the new owners' plans as an 'abuse of the public trust' and argued that the city would have sold the building for much more if the plan had been to redevelop the lot."
The New York State Supreme Court ruled for the plaintiff and the city but that decision was reversed by the Appellate Division, First Department, which ruled that the deed restrictions were binding only on the initial buyer and not the new owners.
In the architect's rendering, the building appears to only have 10 stories on 86th Street, although many of those floors look to be double-height.
The proposed, 20-foot-wide building, shown in the center of the rendering at the left, has been designed by Barry Rice Architects and is similar to several other so-called "needle" buildings, such as 985 Park Avenue, that have filled the narrow gaps, or holes, between pre-war, mid-rise apartment buildings.
The city had acquired the 8-apartment building at 330 West 86th Street through tax foreclosure and because of its "deteriorated condition," the Department of housing and Preservation and development decided to sell it without public auction or sealed bids in 1997 under the Urban Development Action Act.
The building's tenants formed 330 West 86 Oaks Corporation and agreed to buy the building at the city's offering price of $340,000 and the city approved the sale in June, 1999.
The tenants' company was required to remove any existing violations, but did not and in February 2001 it sold it for $1 million to 330 West 86th Street, LLC, according to a summary of the case published by the Public Information Office of the State of New York Court of Appeals. An article in yesterday's edition of The New York Times by Alex Mindlin, said that the residents had "sold it for $2.25 million to a company called Darkhorse Development, which plans a 17-story glass-and-brick residential building on the site."
The sale was opposed by 328 Owners Corp., representing residents in the adjoining building, and after the sale it amended its complaint to add the new owner as a defendant, seeking a declaration that use of the property is limited to rehabilitation or conservation of the existing building, or construction of one- to -four-unit dwellings.
The Times article noted that "in documents filed in January with the State Court of Appeals, city lawyers described the new owners' plans as an 'abuse of the public trust' and argued that the city would have sold the building for much more if the plan had been to redevelop the lot."
The New York State Supreme Court ruled for the plaintiff and the city but that decision was reversed by the Appellate Division, First Department, which ruled that the deed restrictions were binding only on the initial buyer and not the new owners.
In the architect's rendering, the building appears to only have 10 stories on 86th Street, although many of those floors look to be double-height.
Architecture Critic
Carter Horsley
Since 1997, Carter B. Horsley has been the editorial director of CityRealty. He began his journalistic career at The New York Times in 1961 where he spent 26 years as a reporter specializing in real estate & architectural news. In 1987, he became the architecture critic and real estate editor of The New York Post.
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