The Appellate Division in Manhattan ruled unanimously today, February 3, that Kramer Levin's client, the holder of a 150-year ground lease for The Mark Hotel at Madison Avenue and East 77th Street, is entitled to perform the major alteration work that commenced at the site in January 2007, was entitled to obtain the necessary permits from the New York City Department of Buildings without the consent of the owner of the land, and is entitled to convert some of the units in the building to cooperative ownership. The owner of the land under the hotel has argued otherwise. Today’s ruling affirms a prior decision by a single Supreme Court Justice.
Partner Jeffrey L. Braun led the litigation team and was helped by associates Natan Hamerman, Jessica J. Glass, Erin E. Oshiro and Jared I. Heller. The other members of the Kramer Levin team were Real Estate partners Michael Paul Korotkin and Jonathan H. Canter, and Land Use partner and Michael T. Sillerman and special counsel Albert Fredericks.