The Real Deal New York

Locals make last-ditch effort to block Gamma’s UES tower

A new lawsuit claims the project’s foundation work was completed with “invalid” permits
August 28, 2018 09:30AM

A rendering of Sutton 58 at 428 East 58th Street and Gamma Real Estate’s Jonathan Kalikow (Credit: Curbed NY and Gamma Real Estate)

Opponents of Gamma Real Estate’s Upper East Side condominium tower have filed a lawsuit to halt construction — the group’s latest and likely final effort to stop the project’s rise.

The East River 50s Alliance, a group of residents from surrounding buildings, filed the suit against Gamma and the city’s Board of Standards and Appeals alleging that the board improperly gave the developer extra time to finish Sutton 58’s foundation, Crain’s reported. Gamma had asked the board for an extension to complete the foundation as planned for the 64-story tower.

In June, the board voted in favor of Gamma, allowing the developer to avoid a rezoning of the area — a change that had been initiated by the East River 50s. The group claims Gamma was improperly provided after-hour variances to work on the construction site, despite the City Council’s decision to include the project in the rezoning of 10 blocks. The lawsuit alleges that the board shouldn’t have recognized the foundation work completed with these “invalid” permits.

The complaint, filed on Sunday in state Supreme Court in Manhattan, asks the judge to stop construction and ensure the project complies with the new zoning rules. [Crain’s] — Kathryn Brenzel