City of New York v. Columbis Circle Apartments, Inc.

• Decision Date: 05 June 1961
• Parties: CITY OF NEW YORK, Plaintiff, v. COLUMBUS CIRCLE APARTMENTS, INC., Circle Land Corporation, Columbus Circle Land Corp., Columbus Circle North, Inc., Columbus Circle South, Inc. and Coliseum Park Garage, Inc., Defendants.
• Court: New York Supreme Court

Page 993

216 N.Y.S.2d 993

29 Misc.2d 763

CITY OF NEW YORK, Plaintiff, v. COLUMBUS CIRCLE APARTMENTS, INC., Circle Land Corporation Columbus Circle Land Corp., Columbus Circle North Inc., Columbus Circle South, Inc. and Coliseum Park Garage, Inc., Defendants.

Supreme Court, Special and Trial Term, New York County, Part XIV.

June 5, 1961.

Leo A. Larkin, Corp. Counsel, New York City (Sol W. Aronson, Alfred Selter, New York City, Philip V. Sherman, Brooklyn, of counsel), for plaintiff.

Dreyer & Traub, Brooklyn (Sylvan D. Freeman, Brooklyn, of counsel), for defendants.

HENRY EPSTEIN, Justice.

The City of New York by this action seeks to permanently enjoin and restrain the defendants from allowing and permitting the storage and hiring out of any part of the garage space in the buildings situate at 345 West 58th Street, and 30 West 60th Street, Borough of Manhattan, to transients.

As part of the redevelopment plan for the Columbus Circle Area an agreement was entered into between the City of New York and Columbus Circle Apartments, Inc., dated January 15, 1953, and on November 17, 1953 the land was deeded to the aforesaid corporation. The Columbus Circle Apartments, Inc. changed its name to Circle Land Corp. and then conveyed the southerly half of the project to an affiliated corporation known as Columbus Circle Land Corporation. Circle Land Corp. then leased the northerly half of the premises to another affiliated corporation known as Columbus Circle North, Inc., and Columbus Circle Land Corp. leased the southerly half of the site to Columbus Circle South, Inc., also an affiliated corporation. The subsidiary and affiliated corporations assumed all the terms, covenants and conditions of the contract and on June 28, 1958 the Board of Estimate adopted a resolution approving the assumption agreement.

The garage underneath the project is partly in the area subject to the control of Columbus Circle North, Inc. and partly in the area subject to the control of Columbus Circle South, Inc. On August 14, 1957, Columbus Circle North, Inc. and Columbus Circle South, Inc. leased the garage space to Coliseum Park Garage, Inc.

At the time the City entered into the agreement with the defendants, section 60, subd. 1, par. b of the Multiple Dwelling Law prohibited transient parking for any period of less than one month by non-occupants in garages in multiple dwellings. In 1957, section 60, subd. 1, par. d of the Multiple Dwelling Law was added to permit cities to enact local legislation to permit transient parking in multiple dwelling garages, for a period of less than one month by non-occupants. In 1959, section 60, subd. 1, par. d was further amended to permit transient parking, provided an exception or variance was granted by the duly constituted planning or appeals board of the City.

The defendants applied to the Board of Standards and Appeals for such a variance and on September 15, 1959 the Board adopted a resolution granting the application for the variance. The agreement between The City of New York and Columbus Circle Apartments, Inc. contains the following provision:

'302. The sponsor shall clear the Housing Site and construct the project in accordance with the following provisions:

'The housing project shall consist of fireproof multiple dwellings together with such garage, cultural and recreational facilities as are deemed reasonable incident thereto, all as shown upon the plans annexed hereto, as Schedule A. The...