Fried Frank obtained a significant litigation victory on behalf of Hospital for Special Surgery (HSS), the country's preeminent orthopedic hospital, in connection with its efforts to expand its main campus on the Upper East Side. A neighboring co-op brought an Article 78 proceeding in which it argued that HSS's special permit renewal exceeded the term limits under New York City's zoning laws. Last month, the Supreme Court for New York County granted HSS's motion to dismiss the Article 78 petition in full. The victory is significant because it marks the first instance in which the zoning provisions at issue, which governs major development projects across the City, have been subject to judicial review. The decision was therefore also a major victory for the NYC Department of City Planning and Fried Frank's Land Use, Construction and Development Practice, which regularly advises real estate clients as to the provisions at issue, and which had secured both HSS's initial special permit and its renewal.
The Fried Frank team included real estate and litigation partner Janice Mac Avoy, litigation associate Kira M. Whitacre, real estate partner Melanie Meyers, and real estate associate Wesley O'Brien.