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Sanchez & Polovetsky Named To 2019 Super Lawyers List For New York Metro Area

9/27/2019

 
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For the fifth year in a row (2015, 2016, 2017, 2018, 2019) leading eminent domain lawyers, Jennifer Polovetsky and Philip Sanchez, partners and founders at Manhattan based Sanchez & Polovetsky PLLC, have been selected to the 2019 Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected to receive this honor by the research team at Super Lawyers, a Thomson Reuters business.

"It is an honor to be recognized by our peers for our efforts which we care so deeply about. This honor speaks volumes about our commitment and drive in serving the community at large. Super Lawyers is an elite industry group and we are thrilled to have been nominated and selected for the fifth year in a row," says Jennifer Polovetsky, partner at Sanchez & Polovetsky PLLC.

Super Lawyers, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

"We take great pride in helping businesses facing eminent domain, which are often small or family owned, to keep their companies and often have the opportunity to improve with a new location and a fresh start. It is an honor to be recognized for doing a job that we have a true passion for doing each and every day," said Philip Sanchez, partner at Sanchez & Polovetsky PLLC.

Super Lawyers, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
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The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Eminent Domain Officially Authorized By Hoboken Council for Union Dry Dock

9/19/2019

 
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Photo: JerseyDigs
The day has finally come.  On September 4th Hoboken’s city council unanimously approved a final ordinance that authorizes the city to use eminent domain as part of their efforts to turn the property into a park. If you have been following our blog, you know that we have been keeping a close eye on this story.

By way of a recap, NY Waterway had purchased the Union Dry Dock in November of 2017 for $11.5 million.  Over the past few years, the area has gone through a lot of drama. (Which is why we like to blog about it!)


In December, NY Waterway gained approvals from the Army Corp of Engineers to build a refueling, maintenance, and repair facility at the site based on the Hudson River being a federal waterway.  Sounds simple, right? Wrong. The company did not submit an application, nor did they get approval from Hoboken’s planning board to move forward with the project. Of course
, it caused the city to put a halt on all activity.

This is Hoboken after all, and no one is one completely surprised with what happened next…A brawl between city officials and NY Waterway that lasted for months.

Even without local approvals, NY Waterway sued 
Hoboken. The company said that they wanted to restart the project, and that they had “the necessary state and federal permits and the site has the proper zoning.”  Subsequently, Hudson County Superior Court Judge Jeffery Jablonski disagreed with NY Waterway and threw the lawsuit out. 


Happy with the victory, Hoboken city officials have been taking steps to acquire the land
. Integra Realty Resources appraised the Union Dry Dock property on July 1 for $13.1 million and the ordinance authorizing eminent domain reserves funds from the city’s bonds and notes toward purchasing the land.


“Today, Hoboken is one critical step closer to achieving our decades long dream of a public, waterfront park at Union Dry Dock,” said Mayor Bhalla in a statement following the vote. “We cannot and will not give up this opportunity to create a contiguous waterfront our children can enjoy for generations to come. I look forward to beginning good faith negotiations with New York Waterway to acquire Union Dry Dock in a process that is fair to both parties.”


That is not stopping NY Waterway. The company is
 looking to relocate from their existing Weehawken refueling facility.


Then there is an outside chance that New Jersey Transit might acquire the Union Dry Dock property on behalf of NY Waterway
.  Nothing like going over the city’s head with state authority. NY Waterway has no plans to back-off and they still want to keep fighting. 


​We love a good drama, and this one seems to be one to keep watching!

Bye Bye Big Apple.  City Seeing Major Landlords Leaving

9/2/2019

 
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Photo: The Culture Trip
As regular New Yorkers, we thought that we were the only ones fed up with New York. But that is not the case at all!  A group of major landlords have the same sentiments, but it’s probably for different reasons.
 
Actually, we know that their reasons are different.  Several longtime New York developers and owners are mulling over plans to leave New York because of tough regulation, tax hikes, and general public sentiment against the real estate industry.
 
Examples that stand out include Gary Barnett, considered to be one of the city’s most prolific builders, who has focused on other markets within the USA including Vail, Colorado; Park City, Utah; and Dallas, Texas. 
 
Then there is Michael Stern, whose firm JDS raised the tallest spire 1,421 feet, according to city records at 111 W. 57th St. (for those keeping track).  That will make the spire about 25 feet taller than 432 Park, and the tallest residential building in the Western Hemisphere.  Stern moved to Florida last year and plans to focus on Miami and Fort Lauderdale, however official plans are to complete his sizable slate of New York projects.
 
Yet another example is Steve Witkoff, a prominent Manhattan landlord. He recently relocated his residency to Florida and is building and investing in other cities including a large hotel and casino in Las Vegas, Nevada. 
 
There’s also Gatsby Enterprises, a private, family-controlled real estate firm that owns several Manhattan apartment buildings and commercial properties. They recently purchased an office building in Miami, where one of its principals suggested it will now focus its investments. “Definitely the environment is making it much tougher to do business in New York,” Isaac Shalom, who operates Gatsby with his father, Nader, said. “Our outlook now has turned negative in New York.”
 
What brought the change on? A variety of factors with the most visible being the NYC reforms for rent regulation that happened in June. The changes make it almost impossible for owners of the city’s roughly 900,000 regulated apartments to significantly raise rents and convert apartments to market-rate. (We blogged about that too a few months ago.) Landlords complained the new law discourages investment and will push the city’s affordable housing stock into disrepair.
 
Changes are also happening at the state level. A few months prior, Albany passed a law to raise the transfer tax on multi-million-dollar home sales.  This came on the verge of imposing an annual pied-a-terre tax that many residential sales experts said would have dealt a severe blow to an already-slow luxury apartment market. Just the buzz from this type of tax caused concern among landlords that legislators will seek even more regulations and levies on the industry.
 
“The changes and the proposals have been draconian,” said Frank Ricci, the director of government affairs at the Rent Stabilization Association, an industry group that represents owners of rent-regulated buildings. “I think that the faith that a lot of owners have in the city and the state’s political system has been shaken.”
 
“There’s life outside of the city,” one prominent developer said. “At some point, you prefer to go where you’re wanted, where you don’t get bad surprises and where politicians aren’t eager to gang up on you.”
 
Not sure where that leaves the rest of us New Yorkers in terms of housing, but it sounds like the big real estate players are heading south and west.
 

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Herrick, Feinstein LLP
Two Park Avenue
New York, NY 10016

Jennifer Polovetsky
+1 212 545 1417
jpolovetsky@herrick.com
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Philip A. Sanchez
+1 212 545 1416
psanchez@herrick.com
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