Downtown Residential Development – Temporary Restraining Order Dissolved

When a 50-story $250 million residential project in Lower Manhattan was halted by a Temporary Restraining Order initiated by an adjacent property owner and a Stop Work Order issued by the New York City Department of Buildings, John E. Osborn P.C. stepped in and, within 48 hours, arranged for the lifting of the Temporary Restraining Order and the rescinding of the Stop Work Order.  The solution was reached by retaining a prominent engineering firm and immediately working with the adjacent property owner and the New York City Department of Buildings to assure that no structural damage had been or would be experienced.

Complex Phase I Environmental Issues Addressed in Refinancing Auto Dealership Property

A Westchester auto dealership applied to refinance its property and the lender required a Phase I environmental investigation at the borrower’s expense. The lender required that all issues raised by the report be remedied before approving the refinancing. John E. Osborn P.C. was retained to oversee the implementation of the Phase I environmental investigation and then to review the findings with the lender’s attorneys. Complicated issues relating to hydraulic lifts (governed by USEPA laws and regulations relating to underground injection control systems), asbestos, underground tanks, and potential ground water contamination were addressed effectively, and environmental impediments to the loan process were cleared.

Restaurateur Purchases Former Dry Cleaning Site With Spotty History

A Manhattan bar and restaurant proprietor signed a contract to purchase property near Restaurant Row. The purchaser  had not focused on its prior use as a dry cleaning establishment.  After perchloroethylene (“perc”) was discovered in dry wells beneath the building, the deal was believed to be dead. John E. Osborn P.C. was successful in negotiating significant concessions and protections, which allowed the deal to go forward at a significant discount to the client.

Noise Code Violations Resolved by New York City Telecommunications Hotel

When massive air conditioning systems that cooled file servers at a Manhattan telecommunications hotel exceeded regulatory noise limits, residential building owners living across the street and down the block contacted New York City inspectors.  Violations were issued. John E. Osborn P.C. was retained by the building’s owner to handle negotiations with the tenant and violations issued by the New York City Environmental Control Board.  Arrangements were made for community members to hold off further action until the tenant remedied the noise violation as required by its lease.  Successful resolution was reached.  The tenant paid to retrofit equipment, which cost in excess of $2 million, thereby addressing the problem and avoiding further violations.

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