Tony Malkin may have lost his biggest fight, against Vornado’s Steve Roth and the gargantuan 15 Penn Plaza, but he’s having a good week, at least, winning two persnickety court battles.
The first was a challenge brought by New York Skyline, the virtual helicopter company that operates on the second floor of his crown jewel, the Empire State Building. Mr. Malkin allegedly wants the company out, because their city-fly-bys pose some sort of threat to the building’s panoramic dominance. A judge earlier this week ruled that the NYPD was not in the wrong when it kicked New York Skyline’s buskers off the sidewalk in front of the Empire State Building—they did not have the necessary permits, so beat it.
And just today a ruling came down that renovations Mr. Malkin made to 112 West 34th Street were reasonable, even though he does not own the building, as Crain’s reports:
The judge ruled that there was no evidence that W&H made any structural changes to the 25-story, 769,000-square-foot building between Sixth and Seventh avenues.
Warren Estis, [Developer Charles] Cohen’s lawyer, said he and his client were disappointed in the verdict and plan to appeal. Anthony Malkin, president of W&H, predicted that action would fail as well.
“The case was without merit, the appeal is without merit, and we remain confident in our position, ” said Mr. Malkin, in a statement.
Lawsuits? They’re GRRRRRREAT!