New Lawsuit Filed Against 73-99 Empire Developers

During the environmental review of this site, the City made the determination that it contained dangerous and hazardous materials that could negatively affect the community and air quality including asbestos contamination. However instead of performing an Environmental Impact Statement that is mandated by law under New York State’s State Quality Environmental Review Act, “SEQRA”, they claimed to put in place an E-480 Designation that required further exploration of the possible damages that may exist.

However, SEQRA does not allow a municipality to stop its environmental review process, simply because they have another way to explore and determine the negative effects of a potentially hazardous condition. The law is clear; an EIS must be performed if only one possible negative environmental effect is found.

Secondly the E-408 Designation is supposed to be done in collaboration with the Mayor’s Office of Environmental Review who claims they have no knowledge of the matter.

Asbestos In the Air

Despite signs up in the community that this was an asbestos contaminated site, photos were taken that clearly show no type of remediation being done nor continued to exist at the site.   The workers at the site wore no protective clothing and there were no seal containers for transporting of dirt out of the worksite.  Plaintiffs allege that there is and has been air and debris flying out of this site.

73-99 Empire Blvd, is right next to the largest housings complexes in Brooklyn Community Board 9 (Crown Heights South), which houses thousands of children, families and seniors. It is also just steps away from the Brooklyn Botanic Garden and Prospect Park.

Judge Green of the Brooklyn Supreme Court granted Petitioner’s request for a Temporary Restraining Order. With return a date to go back to court in November of 2025.

This is the link to the petition filed.