Upper East Side Blood Center Neighbors Lose Lawsuit Against Rezoning

UPPER EAST SIDE, NY — A judge dismissed a lawsuit by a group of neighbors who sought to block the New York Blood Center's rezoning, paving the way for the high-rise research tower to be built.

Wednesday's ruling by Manhattan Supreme Court Justice Arlene Bluth brought an end to the lawsuit brought in March by residents of 301 East 66th St., a condominium building that sits around the corner from the Blood Center site on East 67th Street between First and Second avenues.

It comes nine months after the city approved the rezoning over vociferous local opposition, paving the way for a 233-foot-tall tower — much shorter than what had first been proposed — to replace the Blood Center's aging, three-story brick headquarters.

The condo residents' lawsuit argued that cramming multiple laboratories into a dense urban setting could create biohazards, and that the city had not adequately studied the risk of "airborne pathogens" escaping the building via "accidental release or intentional terrorist sabotage."

Bluth, in her ruling, agreed that the project will no doubt "be annoying to neighbors during the four years of construction," adding that the new tower would likely impact views from the neighboring condo.

"But there is also no doubt that the facility, once finished, will benefit the community," Bluth wrote — aligning with the arguments made by City Council members, planning commissioners, and other officials who backed the rezoning.

Plaintiffs also argued that the project was an illegal "spot zoning," done without regard for the surrounding area to benefit a single property owner. But Bluth rejected that notion, saying the rezoning fits well within the city's efforts to improve its life science industry — and within the East Side's existing "hospital corridor."

"There is no basis to find that the approvals are anything close to illegal spot zoning," Bluth wrote.

In a statement, an attorney for the condo residents said the building's board was "considering all of its legal options" following Wednesday's ruling.

"It is all too obvious that the court failed to consider many of the legal arguments presented to it, nor did it consider the nightmarish impact an accident in a lab experimenting with the world’s most virulent pathogens would have on one of our nation’s most highly congested residential neighborhoods," attorney Misha Sheynker told Patch by email.

In an odd tangent, much of the 66th Street condo building is owned by Mark Epstein, brother of the infamous pedophile Jeffrey Epstein. The building had even been listed in Jeffrey Epstein's "black book" as an "apt. for models," according to the New York Post.

The condo residents had previously launched a last-ditch attempt to derail the rezoning by filing an objection before last year's Council vote — an effort that ultimately failed.

"We look forward to beginning work"

The Blood Center has always said that it would start construction this year, though it was unclear whether the lawsuit had pushed back that timeline.

The nonprofit blood bank praised Wednesday's ruling, saying that its new headquarters would create jobs, stimulate billions of dollars in annual economic output, and help make New York a global public health hub.

"We look forward to beginning work on our vision for a state-of-the-art life science facility that ensures the Blood Center continues to provide safe, affordable blood services to the region's hospitals and significantly enhances its capacity for lifesaving research in collaboration with institutions and biotechnology partners all under the same roof," a Blood Center spokesperson said.

As critics have long noted, the Blood Center itself will only occupy about one-third of the new building. The remaining floors will be leased out by developers Longfellow Real Estate Partners to other companies.

Originally supposed to be 334 feet and 16 stories tall, the tower's height was reduced as part of a last-minute compromise brokered by elected officials.

Nearby St. Catherine's Park will get $10.65 million in funding from the Blood Center as a nod to the new shadows that the tower will cast on the treasured green space, while next-door Julia Richman Education Complex will receive $2 million, city officials have said.

Related coverage:

• Blood Center Rezoning Approved By Council After Yearlong Battle
  
• Blood Center Opponents Invoke Rare Clause In Bid To Kill Project
• Blood Center Rezoning Nears Last Approval After City Council Deal
• Blood Center Hearing: New Concessions, But Opposition Holds Firm
• Supporters Of Blood Center Tower Step Up Lobbying Ahead Of Vote
• Who Supports The Blood Center's Upper East Side Expansion?