New Upper East Side Tower Moves Ahead After Nasty Legal Battle

UPPER EAST SIDE, NY — A developer is moving ahead with plans to build a 22-story apartment tower on an Upper East Side corner after winning a lawsuit against the next-door building owner — though there are signs that the legal battle could drag on further.

The developer, Lalezarian Properties, filed plans with the city this week to build a 22-story building at 1598 Second Ave., on the corner of East 83rd Street. The site had been home to three five-story buildings until Lalezarian demolished them earlier this year, leaving the corner empty.

If built, the new tower would stand 235 feet tall and contain 70 apartments, including some portion that would be affordable. The ground floor would contain 2,400 square feet of commercial space, plans show.

"They could be hit by a falling brick"

The corner's demolition has been the subject of a monthslong legal battle that Patch chronicled last year. Lalezarian had accused the owners of the next-door building at 1592 Second Ave. of stymying the new tower by refusing to give developers access to their building to install protective coverings during demolition — a step developers are required to take.

A judge sided with Lalezarian late last year, allowing it to start demolition and install the protections on 1592.

But the next-door owners — LC Lemle Real Estate Group, which owns buildings around the Upper East Side — filed an appeal weeks later, saying that Lalezarian had begun demolishing its buildings in a careless way that rattled apartments inside 1592, cracked its facade, and rained bricks down on the sidewalk in front of the Promises Fulfilled toy store.

"The tenants in 1592’s building should not have to worry that they could be hit by a falling brick any time they step out the front door of 1592’s building," Frank J. Fish, a property manager for Lemle, wrote in a January court filing.

"They should not have to worry that unscrupulous real estate developers will ignore safeguards mandated by the law and their own project design, such that their health, safety, well-being and property will be put in harm’s way."

Other filings by Lemle accused Lalezarian of trespassing on the 1592 building and causing "severe damage."

Another appeal

Still, after weeks of back-and-forths about the developer's construction practices, a judge in February rejected Lemle's appeals to reargue the case and revoke permission for the demolition protections.

But Lemle appealed yet again in March, saying a judge had carried out the demolition illegally and without the proper protections. The case remains pending.

Built in 1920, the buildings that formerly occupied the corner had been home to restaurants including Duke's and Firenze — though all ground-floor businesses closed as the development was pending.

Lalezarian Properties has built towers around Manhattan, including a 42-story skyscraper now under construction on West 30th Street near Hudson Yards.

Have an Upper East Side news tip? Contact reporter Nick Garber at nick.garber@patch.com.

Related coverage: Developer's Quest For UES Tower Blocked By Next-Door Owner