Planned Upper East Side Tower Would Endanger Kids, School Says

UPPER EAST SIDE, NY — A developer says that an Upper East Side synagogue is unfairly blocking the construction of a 20-story tower next door — but the synagogue contends that the project would jeopardize the safety of students at its day school.

Construction is set to begin on the new apartment tower at 124 East 86th St., between Lexington and Park avenues. Before excavating the site, however, developers must gain access to the basement of Congregation Kehilath Jeshurun — which occupies an adjacent building on 85th Street — in order to install a vibration monitor to protect the building during construction.

After months of negotiations, however, developer Sergey Rybak says that the congregation has failed to sign off on an agreed-upon plan. Instead, the institution has "attempted to hold the agreement for ransom," demanding developers pay $350,000 to install "unnecessary roof protections," according to a lawsuit Rybak filed last month, seeking an order granting access to the Congregation's basement.

But Congregation Kehilath Jeshurun hit back in court papers filed this week. The new building, it argues, "poses a severe hazard" to students and staff at its day school, The Ramaz School — specifically, the outdoor play areas on its fourth, fifth and ninth floors.

"It is striking that Petitioner, in the course of constructing a multi-million dollar luxury high rise on the Upper East Side, refuses to take the minimally necessary steps to protect the health and safety of the hundreds of elementary-age children who study, learn and play every weekday at The Ramaz School," attorneys for Kehilath Jeshurun wrote.

Rybak, the synagogue says, has refused to install overhead protections over the school's outdoor areas, despite the advice of a site safety consultant that such structures would be necessary to protect children and teachers from falling debris, equipment, or other construction errors.

If the protections are not installed, Ramaz students will "likely be deprived of time for recess during the school day for a significant period of time" due to safety concerns, the synagogue argues.

Rybak's company argues that the roof protections are not needed, noting that the city's Department of Buildings has already signed off on its construction plans.

But the synagogue says they have reason to doubt Rybak's safety record, noting that the company has amassed dozens of violations at its other construction sites around the city. Indeed, on Wednesday, the city issued a stop-work order on the 86th Street site for an unspecified violation, according to city records.

"We need this protection because based on Petitioner's poor safety history we cannot trust that the children will be safe," Leonard Silverman, the synagogue's executive director, wrote in an affidavit.

The new building will occupy a site formerly home to a two-story Chase Bank branch. Once built, it will include 32 apartments, as well as a 1,500-square-foot ground-floor retail space.

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