Court Dismisses Historic Preservation Act Claim Against DASNY

On January 7, 2014, Carter Ledyard successfully assisted its client the Dormitory Authority of the State of New York (DASNY) in securing dismissal of a claim that it had violated the State Historic Preservation Act in connection with New York University’s Core Project.  In dismissing this claim made by Project opponents, Supreme Court, New York County (Mills, J.), adopted DASNY’s arguments that (1) the claim was not ripe for judicial review because DASNY had not yet approved an application from NYU for funding of the Core Project, and (2) the agreement signed by DASNY dealing with historic resources had not yet taken effect since it was expressly contingent upon DASNY’s making formal findings on the project, which has not yet occurred. DASNY was represented by CL&M attorneys Victor J. Gallo, Chris Rizzo and Christine A. Fazio. The court did grant the opponents’ petition with respect to one claim against the City of New York, holding that the City had alienated parkland without approval of the New York State Legislature. 

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