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April 19, 2010
No sleep at 752 Pacific: ESDC tries to take possession by cutting lock; Weinstein replies in kind; then tenants and subtenants show up
Atlantic Yards Report
It's been a wild and woolly few days at 752 Pacific Street in Prospect Heights, where, not long after property owner Henry Weinstein got his tenants and subtenants evicted on April 15, the Empire State Development Corporation (ESDC) tried to take control of the property that night and those tenants also returned today.
A changed lock
Late on the night of April 15, Weinstein told me, he passed by the building and was surprised to see half the lights on the sixth floor illuminated. He'd shut off the circuit breakers, so he thought a timer might be at work.
The locks were secure. The next day, however, he couldn't get into the building.
"Unbeknowsnt to me, someone had cut off my lock and replaced it," Weinstein said. That was the ESDC, whose counsel told him that the agency, not Weinstein owned the building.
On Saturday, April 17, Weinstein spoke with an employee of Grubb Ellis, the managing agent, who told him that a guard and been hired and, if he wanted to get into the building, he could get a key when the workweek began.
Weinstein said no, that he had legal possession of the building. So, on Sunday, he cut off the new locks and installed his own--after first showing the 77th Precinct the paperwork that indicated he had possession.
...ESDC position
ESDC spokeswoman Elizabeth Mitchell told me, "It is our position that ESDC was within its rights to have the locks changed at 752 Pacific on April 16th as ESDC became the owner of the property as of March 1st. Yesterday Mr. Weinstein broke the lock at 752 Pacific Street and replaced it with his own. For the time being ESDC will not seek to change the locks again. ESDC's motion for a writ of assistance as to 752 Pacific Street, among other properties, will be heard this Wednesday before Justice Gerges. We will apprise Justice Gerges at that time of what has recently transpired with respect to the property."
The ESDC wants Gerges to set May 17 as a final date to compel condemnees to leave the footprint, though a few, including Weinstein, are expected to oppose it.
NoLandGrab: The ESDC's predilection for acting in bad faith is matched only by its predilection to act like a sullen teenager. "For the time being ESDC will not seek to change the locks again?" That's an actual statement from a state agency? Good grief.
Posted by eric at April 19, 2010 10:21 PM