New York, NY asked in Real Estate Law for New York

Q: How can I stop a curb cut for a private garage which will eliminate street parking spaces on our block?

is a cut for a private garage in manhattan a public taking of parking for a private person?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: A curb cut requires a permit. If they have one, then it is allowed.

Barry E. Janay agrees with this answer

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: If there were a permit issued there would have had to have been a notice concerning the application, if you missed the notice or didn't respond in time then you can't contest it unless something was defective with the notice. You should have an attorney review that. Now all of that said, the city can authorize / approve of a permit for a private party so long as it is not arbitrary or capricious and serves a legitimate governmental purpose; allowing for private development can certainly serve such a purpose.

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