MONROE PLACE — The Appellate Division, Second Department in Brooklyn Heights upheld a Kings County Supreme Court judge who ruled that a tenant’s lease assignment was improperly made to Forest City Ratner and therefore void.

Two years ago, Brooklyn Supreme Court Justice Ira B. Harkavy ruled that developer Shayna Boymelgreen’s lease assignment to Ratner violated the terms of the original lease with the landlord, which required the landlord’s “written consent� for assignment. Boymelgreen is a tenant on a one-acre site at Pacific and Carlton streets, which sits in the Atlantic Yards footprint and is on property that Ratner seeks to control through eminent domain.

A Ratner spokesperson said that the ruling and subsequent affirmation by the Appellate Division will likely not cause any further delays to the multi-billion dollar project that has already been delayed for years by litigation in the state and federal courts, as well as the subsequent economic crisis.

But the ruling in the case 752 Pacific, LLC v. Pacific Carlton Development Corp. could cause additional legal hurdles for the litigation-plagued project that once had expected to bring the New Jersey Nets to Brooklyn as early as 2006. Lawsuits over the state’s use of eminent domain, the project’s construction timeline, and the environmental review and approval of the project are still pending.

—Ryan Thompson
Brooklyn Daily Eagle

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