In one such case, BBWG recently employed an innovative procedural defense to vacate a $36,800 fine that was improperly imposed on a property owner by the New York City Environmental Control Board (ECB).
BBWG challenged the ECB Order by commencing an Article 78 proceeding in State Supreme Court.
In the petition, BBWG argued that: (a) the owner was not an outdoor advertising company as defined in the applicable regulations and therefore, should not have been assessed fines applicable to OACs;
In a recent case commenced by BBWG
on behalf of a commercial landlord, the tenant had performed alterations within its retail premises, and the alterations resulted in the issuance of a violation by the DOB against the landlord because the tenant had not obtained a required work permit from the DOB with regard to the alteration work.