Category: Uncategorized

200 Amsterdam Has Seen a Major Win — Here’s What ERFA is Doing

By Team ERFA,

Dear ERFA friends and supporters,
In a world where it often seems that justice has slipped away, a bright spot appeared on Monday when a NY State Supreme Court judge granted a major WIN to our sister civic group at 200 Amsterdam and satisfied their quest to stop the installation of yet another unlawful super scraper at that site. Intended to pierce the local skies of the Upper West Side, that developer will now be forced to abide by the local zoning laws and remove a whopping 20 floors from the structure!


What’s that mean? Well, for starters, it means that we can all say a happy goodbye to one more looming, towering nightmare over Manhattan.

Catch up on this news here:

The New York Times


New York Post

Dovetailing that precedent-setting win for the Upper West Side community, our steadfast and true Council Member, Ben Kallos, put the developer of the 430 East 58th Street site on notice in February 17th’s New York Post and announced that based on the 200 Amsterdam outcome, ERFA will even more optimistically continue to seek enforcement of our own, rightful neighborhood re-zoning and, insist that the developer abide by the new residential re-zoning we WON back in November of 2017. Yes. As a reminder, we WON the right to safeguard and protect our neighborhood from out-of-scale development.

As all ERFA community members know, ever since the Board of Standards & Appeals (BSA) “grandfathered” the construction of a megatower at the 430 East 58th Street site, the developer of that property has been proceeding with moxie, apparently trying to complete as much construction as possible while our Article 78 challenge of the BSA’s grandfathering was pending in the courts. Many members of our community have suffered immensely, complaining about work performed at obscene hours, sometimes without appropriate After Hours Variance permits (AHVs) and sometimes without any AHVs at all, and, in many instances, closing the streets, also without any apparent DOT permits. This is a continuation of the gamesmanship they deployed in order to pour their concrete foundation and later demand that the BSA grant them an unwarranted “exception” to the new zoning.

Seemingly, the developer has been counting on the Court’s NOT requiring them to demolish any part of their construction in the event we prevail in our Article 78 case. The 200 Amsterdam decision shows that such an assumption is misguided.

We strongly believe that we should win our Article 78 case on the merits. As we previously informed you, the judge who issued the adverse decision in our case had not read much of the material that our lawyer submitted.

As those who attended the ERFA January 2020 meeting learned, we are mad as hell and are not going to sit by and accept an outcome that belies logic and more importantly, justice.

Next steps that you can expect:

1 – We are filing a Notice of Appeal

2 – We are filing a motion to re-argue our case.

Finally, the work we do at ERFA is not for any one of us, but for all of us. Please help us continue to preserve the character of Sutton Place and ensure that justice is served.

Help us work for you by giving generously. 

Your neighbors will thank you and we at ERFA thank you.


Yours in Neighborhood Preservation, The ERFA Leadership Team

Alan Kersh, Jessica Osborn, Eleanor Mascheroni, Lisa Mercurio, Melissa Mittman, Gail Wasserman

January 2020 Town Hall Notice

By Team ERFA,


Come get an update on ERFA’s efforts and the status of our case.

What:  Town Hall

Where:  Morso Restaurant, 520 East 59th Street

When:  Thursday, January 23, 2020, 8 a.m.

See you there

Town Hall March 7, 2019 @ 8 a.m.

By Team ERFA,

Dear All,

As many of you know, ERFA was scheduled to appear in court on Tuesday, February 26th for a hearing on whether the construction at the 430 East 58th Street site will be limited to a height of 80 feet while we await a decision on our Article 78 case.  Instead, our hearing with Supreme Court Judge Debra A. James was postponed.

We will not be adversely affected by the postponement, since Judge James directed the developer to confirm that no work to increase the height of the building beyond 80 feet will be performed until after the hearing (and perhaps longer depending on the outcome of the hearing).

As we previously reported to you, if we win our Article 78 appeal and the developer is required to comply with the new zoning, any non-conforming construction would have to be demolished. We are arguing, among other things, that construction should be limited to 80 feet while our case is pending so as to avoid having to suffer through the demolition of a building which should not have been constructed in the first place.

The new hearing date is this coming Monday, March 4th. We’ll report what happens at the Town Hall on Thursday at Morso. We will provide you with an update of the circumstances and possibly have a decision from the judge regarding our future.



When: Thursday morning, March 7th @ 8 am

Where: Morso Restaurant, 420 East 59th Street


Your ERFA Leadership Team


By Team ERFA,




This morning’s Town Hall will be held at Bistro Vendome, NOT Morso. See you there.

WHEN: February 7, 2019 8 a.m.

WHERE: Bistro Vendome
405 East 58th Street
(between 1st Avenue and Sutton Place)


By Team ERFA,



We’ve got good news, but you wouldn’t know it from looking at 58th Street…

We will share the status of our determined fight and help you distinguish between what’s wrong and what’s right.

WHEN:           February 7, 2019

WHERE:          Morso Restaurant

                         420 East 59th Street

TIME:              8-9 a.m.


Stay with us. Come hear the update in person, keep your neighbors informed, and help ERFA address the costly nature of this undertaking by making a donation today.

We are in this to win