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Appeals Court Ruling Clears a Path for Billionaires Row Tower
Solow Management may proceed with eviction against a commercial tenant at its 10 W. 57th St., a state appeals court has ruled. The ruling, which was based on the tenant’s guilty plea in violating the New York Environmental Conservation Law, means that Solow can proceed with plans to raze the property and build a 54-story hotel and condominium tower along Midtown’s Billionaires Row in its place.
Attorney Norman Flitt of Rosenberg & Estis P.C. successfully represented Solow in the Appellate Division, First Department. “The Appellate Division recognized that the conviction at issue here, which was based on a guilty plea and sworn statements of the tenant and its principals admitting to the illegal use, was sufficient to invoke the statute and automatically void the lease,” Flitt said.
Flitt emphasized that once voided by the statute, the lease is over, and neither the parties nor a court can reinstate it.
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