Talk Bronx New York

Court Rejects Suit Against Tenant Organizers

The owners of five buildings in the Bronx have failed to raise a triable issue of fact that tenant organizers interfered with their ability to get mortgages, a state judge has ruled in granting summary judgment dismissing the owners’ case. In New Line Realty V Corp. v. United Committees of University Heights, 1021/04, Supreme Court Justice Sally Manzanet-Daniels of the Bronx found that the owners had failed to submit “any evidence in admissible form” to prove that tenant organizers from the Northwest Bronx Community and Clergy Coalition had taken actions to frustrate their ability to get refinancing for their buildings.

The decision will be published Monday. The owners had claimed that as a result of picketing, circulating fliers and other activities aimed at Washington Mutual Bank, the bank had pulled a letter of intent to refinance a mortgage issued in 2000. The owners claimed damages of $1.8 million.

The organizers denied any intent to interfere with the owners’ prospects for refinancing, and contended that instead they were trying to enforce a provision in the existing mortgage that required the owners to keep the buildings in good repair. The owners’ claim for tortious interference with prospective economic advantage was the sole surviving claim of their lawsuit, filed in 2004, which also raised claims of trespass and libel against the Northwest Bronx group, a 30-year-old, clergy-based community organization.

The owners had withdrawn their trespass claim, and Justice Manzanet-Daniels had dismissed the libel claim in 2006. Under a law adopted in 1992 designed to protect tenants and others who are asserting a First Amendment right to petition government, Justice Manzanet-Daniels wrote, the owners were required to show that their claims against the Northwest Bronx group have “a substantial basis in law and fact.”

The 1992 law (Civil Rights Law §§70-a, 76-a) was designed to curb lawsuits aimed at deterring the exercise of free speech rights by both creating a higher standard to establish a claim’s viability and giving defendants the right to counterclaim for violations of their speech rights. Suits aimed at stifling efforts to petition the government for redress of grievances and to express views at public hearings have been dubbed “Strategic Lawsuits Against Public Participation,” or SLAPP, suits.

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Subway Delays Rise, and the No. 4 Line Is Slowest

A crowded No. 4 train sits at a Grand Central Terminal subway platform on Monday. Riders holding doors open is cited as the second biggest reason for subway delays, behind track work.

People who hazard the No. 4 subway line each day don’t need the numbers to tell them: It’s slow. Not just slow, it turns out, but of the city’s two dozen or so subway lines, its on-time performance is the poorest and getting worse, according to new statistics released on Monday by New York City Transit.

The figures were among a raft of dismal performance numbers included in a report to the board of the Metropolitan Transportation Authority, which oversees the transit agency. They included a 24 percent spike in the number of delays systemwide, measured over the year ending in May, the latest records available.

The indicators come as the authority is considering a second consecutive year of fare increases to help close a budget gap of nearly $900 million. Transit officials said at least some of the performance problems are tied to past budget cuts in subway car maintenance.

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Wild green Bronx

PEACEFUL: Tourists rest on a bench overlooking the Hudson river and gardens at Wave Hill, a public garden and cultural center in the northwest Bronx in New York

IT SNAPS: Lisa Henderson and her daughter Sabrina admire snapdragons at the New York Botanical Garden.

PRETTY IN PINK: An Allium Giganteum, a member of the onion family, blooms at the New York Botanical Garden.

Despite its urban image, the Bronx has 7,000 acres of park land, about 25 percent of its total area. In addition to Yankee Stadium and the Bronx Zoo, the borough’s green spaces include the New York Botanical Garden; a 19th century garden overlooking the Hudson River called Wave Hill; and Van Cortlandt and Pelham Bay parks, where you can bird-watch, play golf and ride horses.

New York City is touting the Bronx’s green attractions in a new promotion.

“Most people don’t think of the Bronx like that. We want to open their eyes to the actual physical beauty of the Bronx,” said George Fertitta, CEO of NYC & Company, the city’s marketing and tourism organization.

It’s quite a turnaround for a place that once symbolized urban decay.

“Ladies and gentlemen, the Bronx is burning,” sportscaster Howard Cosell famously said during a 1977 Yankees game, as footage aired of a building in flames near the stadium. An epidemic of arson plagued the city at the time.

New York is a different place now, billed as America’s safest big city and attracting a record 46 million tourists last year.

Many of those tourists are repeat visitors, and “their appetite for something other than Times Square and the Statue of Liberty is enormous,” said Bronx Borough President Adolfo Carrion Jr., who got an enthusiastic reception talking up the Bronx at a recent tourism conference in Berlin.

GREEN SPACES: Sure, the Bronx Zoo has wild animals from around the world, including a new exhibit called Madagascar.

But for native wildlife, check out the Bronx River, which runs alongside the zoo. Turtles sun themselves on rocks, a red-winged blackbird calls, geese march by the shore.

On a recent day, a wayward duckling hopped out of the water and drew a crowd, attracting more attention than a nearby buffalo exhibit.

You can walk along the river without paying admission to the zoo; the trail starts near the totem pole in the zoo parking lot.

The Bronx River Alliance, which is restoring the waterway, hosts events and paddling on the river; http://www.bronxriver.org.

If you want lions and tigers too, the zoo is open daily 10 a.m.-5 p.m. (5:30 p.m. on weekends); http://www.bronxzoo.com.

North of the zoo is the New York Botanical Garden, a National Historic Landmark that dates to 1891, http://www.nybg.org, Tuesday-Sunday, 10 a.m.-6 p.m.

A tram takes you around the garden’s 250 acres, which include a children’s garden, forest, rock garden, and a Victorian-style glass conservatory.

The vast rose garden’s 3,000 plants include varieties that bloom continuously spring to fall. An outdoor exhibit of 20 Henry Moore sculptures is up through Nov. 2.

Yves Soulier, a tourist from France, visited the garden recently with his wife, Anne. He said the Bronx had a reputation as “a hard banlieue,” using the French term for the outskirts of a city. “I have read this in the books,” he added. “But we like the flowers and plants here.”

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Project Description

The MTA New York City Transit (NYCT), the New York City Department of Transportation (NYCDOT), and New York State Department of Transportation (NYSDOT) are planning to introduce Select Bus Service (SBS) to New York. SBS will utilize innovative bus rapid transit elements that will improve the speed and reliability of bus service on the implemented routes.

Goals and Objectives

SBS Benefits Include:

• A new high performance transit option for NYC.
• Improve the speed, reliability and appeal of the bus system, city-wide.
• Provide measurable benefits to current customers as well as attracting new riders and supporting growth and redevelopment.

The goals of the study are:

• Identify the opportunities for SBS in NYC with the greatest potential benefits and the highest probability of successful implementation.
• Move a comprehensive, cost-effective city-wide SBS demonstration program into implementation.
• Improve those corridors not selected for the SBS demonstration by using techniques identified by the study.

Project Phases and Schedule

The first SBS corridor, Fordham Rd-Pelham Parkway  is expected to be implemented in the summer of 2008.

Major Planning Activities Include:

1. Identify strategic issues relating to SBS implementation in NYC;
2. Based on U.S. and world-wide experience, identify the range of SBS improvements that might work well in NYC;
3. Identify and evaluate all candidate corridors with SBS potential in New York City;
4. Select the 15 corridors with the highest probability of success and potential benefit; Project Update
5. Develop a preliminary concept plan for each corridor tailored to the market and physical environment in that corridor;
6. Select the best corridors and develop more detailed plans while identifying improvements that can be implemented elsewhere.
7. Comprehensive Project Reassessment.
8. Preparation of detailed plans for Fordham Road-Pelham Parkway Corridor.
9. Implementation of Fordham Road-Pelham Parkway Corridor.

• NYCSBS Main Page
• What is BRT?
• Public Involvement Process
• Project Team
• Keeping in Touch
• Project Update
• FAQs

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Bronx judge oversaw city’s bad investments of inheritance cash

Surrogate Judge Lee Holzman oversaw program that lost $20 million.

Bronx Public Administrator is changing jobs this week.

Lawyer Michael Lippman has made $1.9 million in fees relating to the inheritance accounts.

A top Bronx judge let political cronies reap lucrative fees from dozens of improperly invested inheritances - leaving taxpayers on the hook for $20 million.

The mishandling of the money - overseen by Surrogate Judge Lee Holzman and managed by two aides - let politically wired lawyers and accountants rake in $2.1 million in fees, while heirs of the 37 victimized estates couldn’t get their money.

“They take their fees and the families be damned,” said Robert Southern, who has threatened to sue to get his inheritance from his late aunt, Florence Einstein.

“Are they waiting for us all to die?” asked Sharon Gentry, whose 97-year-old mother-in-law is still waiting for her inheritance from cousin Alice Babineau, who was killed in a 1995 car accident.

A Daily News investigation found the risky investments were first made in 2005 by ex-Bronx public administrator Esther Rodriguez, who resigned under a cloud in 2006, and continued by her successor, John Raniolo.

Public administrators manage the assets of residents who die without wills until the court approves a settlement. They are supposed to invest estate money in conservative financial instruments such as treasury bills.

Judge Holzman appointed Rodriguez and Raniolo to the job and was responsible for monitoring all of the estates. He signed off on all fees and was supposed to make sure the cases moved swiftly through the courts.

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