Case Case1:13-cv-05612-FB-JMA 1:13-cv-05612-FB-JMA Document Document32-1 31 Filed Filed11/08/13 11/11/13 Page Page11of of22PageID PageID#: #:649

250 PARK AVENUE NEW YORK, NEW YORK 10177 Telephone: (212) 907-9600 Facsimile: (212) 907-9681
David G. Ebert
Writer's Direct Dial: 212-907-9603 E-Mail:

November 8, 2013
Member: Legal Netlink Alliance www.

VIA ECF Hon. Frederic Block United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Re: Cohen et al. v. G & M Realty, L.P. et al. 13-cv-05612 (FB) (JMA)

Dear Judge Block: In follow-up to the discussion about the Landmarks Preservation Committee, enclosed is the letter issued by LPC in response to the application to designate 5 Pointz as a landmark. We are looking at other aspects of the issues on which Judge Block invited submissions and, if we have more information to offer, will provide it on Monday. Respectfully yours,


Jeannine Chanes, Esq. ( ) Roland R. Acevedo, Esq. (racevedola, )


Case Case1:13-cv-05612-FB-JMA 1:13-cv-05612-FB-JMA Document Document32-1 31 Filed Filed11/08/13 11/11/13 Page Page22of of22PageID PageID#: #:650 656

Robert B. Tierney

August 20, 2013 Rebakah Kennedy 6838 Yellowstone Boulevard Forest Hills, NY 11375 Re: 5 Pointz Warehouse, Davis Street and Jackson Avenue, Queens Dear Ms. Kennedy, In response to the information you submitted concerning the property referenced above, a senior staff committee of the Commission has reviewed the property for consideration as a potential landmark. After carefully assessing the history of the building, the art project, and the property's architectural qualities, the committee found that the property does not meet the threshold criteria to be considered for designation as an individual landmark under New York City's Landmarks Law. The committee determined that the building itself does not possess architectural qualities that rise to the level of an individual landmark. After a review of the property's historical qualities, as submitted by you and others, and based on the Commission's own research, the committee determined that the 5 Pointz art project was originated at this site around 1993, making the project approximately 20 years old, and that much of the artwork is constantly changing, meaning many of the pieces are even more recent. Because the Landmarks Law requires significant parts of improvements, including artwork, proposed for landmark designation to be at least 30 years old, the 5 Pointz project and resulting artwork do not meet this threshold criterion for designation. For these reasons, the property and the 5 Pointz project cannot be considered at this time for possible designation as a New York City individual landmark. Please be further advised that the Landmarks Law prohibits the Commission from regulating how a property is used. Therefore, the designation of a property as a landmark would not prevent future changes in the use or occupancy of the building. We want to thank you, however, for your submission. We appreciate your interest in historic preservation and in the work of the Landmarks Preservation Commission.

Mary Beth Betts

Director of Research mbetts©
1 Centre Street 9 th Floor North New York, NY 10007 212 669 7801 tel 212 669 7818 fax


Mary Beth Betts

Cohen et al v. G&M Realty L.P. et al, Docket No. 1:13-cv-05612 (E.D.N.Y. Oct 10, 2013), Court Docket

General Information

Court Date Filed

United States District Court for the Eastern District of New York 2013-10-10 00:00:00

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