Friday, October 18, 2013

Judge grants 5 Pointz a restraining order

From LIC Post:

The demolition crew tasked with the job of bulldozing 5 Pointz is going to have to wait–as the 5 Pointz artists were able to convince a Federal Court Judge today to grant them a temporary restraining order, which prohibits the developer from tampering with the building.

The decision follows a lawsuit filed by 17 artists last week against G&M Realty (the owner of the property), which argues that the building cannot be destroyed since it would undermine the plaintiffs’ artwork as defined by the 1990 Visual Artists Rights Act.

The lawsuit claims that many pieces of work are recognized throughout the country and the destruction of the artwork would damage the artists.

The District Court judge’s decision to grant a 10-day restraining order was deemed by the plaintiffs as the first step toward getting a permanent injunction.

The plaintiffs hope the judge will come back before October 28 and announce a hearing for a preliminary injunction. At that point, the artists would be called upon to testify.

Jeannine Chanes, the attorney for the artists, said that the artwork should be protected since it was completed post 1990 (when the Act was introduced), is highly acclaimed, and was done with the permission of a property owner. Therefore, she said, the artwork cannot be altered without each artist’s consent.


Jerry Rotondi said...

Please belay your criticisms of 5 Pointz--you nay saying readers--who take their pleasure in mud slinging.

Your limited vision is meaningless.
It's a federal case now--out of the reaches of local politics, bribery and bombastic know-it-alls.

I attended that hearing yesterday--presided over by judge Block. Although no witnesses were called, I am always proud and ready to stand for 5 Pointz!

This is a most positive outcome in the efforts to protect a world renown institution--which draws thousands upon thousands of tourists--from many countries--all walks of life--all ages--all creeds and colors.

5 Pointz boost to New York City's economy--unfortunately--WAS NOT SEEN by the myopic, political climbing, local council member--who has his eyes on "a prize".

The cowardly councilman Van Bramer voted for tearing down 5 Pointz. Shame on you "cultural czar"!

Please note that Jimmy Van Bramer received campaign contributions from the Wolkoff family which owns the building. The proof is available online (campaign finance board site).

Does something smell fishy here?

Wolkoff's attorney appeared deeply perturbed with the judge's issuance of the restraining order.

Is there a buyer waiting in the wings who Wolkoff intended to quickly flip the property to--and this move has thrown some sand in the gears of so called "progress"?

Well, as they say--in the development business delays can kill a project.

Now let's move beyond our pro or con opinions regarding 5 Pointz.

The IMPACT of this Wolkoff mega project will do GREAT HARM to the LIC community during its construction!

Think on that for awhile folks.

I sincerely hope that councilman Jimmy's chief of staff enjoys this latest read on Queens Crap.
Remind your boss that he will be held accountable in history if 5 Pointz goes down.

5 Pointz will be remembered--long after small fry politicians and "developers" memory is dust--

I now await a series of vitriolic comments to follow.
I must confess, that such wild broad strokes of condemnation never cease to amuse me.


Anonymous said...

I love 5 Pointz! It makes NYC so much more interesting than some ugly, poorly-constructed highrise would ever.

I remember the graffitied #7 back in the 70s - we all loved it - but NYC had a much more interesting, artsy vibe back then.

Yes - NYC wasn't as moneyed then - but it's not so moneyed for most people today either.

This city needs more interesting, indigenous, home-grown stores and art and less crap designer clothing stores!

I wouldn't be surprised if Wolkoff starts taking it down in the middle of the night.

I would post lookouts!

Anonymous said...

Keep the outside of the building, build your condos and make millions from hipsters wanting to live there.

Unknown said...

I think people are missing the point behind this. No one, not even the Graffiti Artists, are accusing the owners of greed. They allowed these guys to do their stuff WITHOUT COMPENSATION, on THEIR LAND, while still paying taxes. I will guarantee you that if the Graffiti Artists win their case, going forward, that land owners, and even Municipalities will not allow people to do squat on their property (without legal disclaimers), so they cannot risk being unable to alter or even sell their property. Who loses? Everyone including future Graffiti Artists.

Ned said...

""---taking it down in the middle of the night"

Nature may do that.
One good wind or heavy snow it will fall down on it own.
Has anybody seen the roof from the train, its falling in and the fire escapes are pulling the walls out.
People are gonna get killed and possibly compromise the 7 train structure causing a possible a year or more service outage.
That pinko hippy dope smoking judge need to be relieved from duty, that eyesore aint art !!

Anonymous said...

I beg to differ..the walkoff family has made a large amount of money on shoots only done in the first place because of the graffiti. .ex. Now You See Me..

Anonymous said... old dead head...RU a structural engineer or merely a customer riding the #7 train espousing drivel?
What brand of hootch (or smoke) do you partake in...knuckle head?

Wake up gramps!

Anonymous said...

Pinko? Hippy? LOL!
Haven't heard that kind of lingo since the 1960s.

How old are you now?

Anonymous said...

Pull your head out of your butt hole and see the real world, Ned!
And don't forget to take your meds.

Anonymous said...

Stop trying to blow smoke up our asses!
You're a Wolkoff troll!

Anyway it's out of your hands now.
Try and buy off a federal judge, Jimmy...or is it Joe?

The case is out of the city limits, where your "power" is greatly diminished.

a local resident said...

Speaking of hipsters...
I was in the Court Square Diner last Sunday and witnessed three of these hipsters wanting to split three separate $7 orders between three credit cards.

Can you imagine that?

These sort of people are TRANSIENTS who give NO STABILITY to any community.

I paid for my $9 sandwich in cash.

Jerry Rotondi said...

Blather all you want--myopic, angry, nay sayers.
Like I've already said, it's a federal case now, and talk is cheap!

Anonymous said...

Who do you think gave value to that commercial slumlord Wolkoff's property from the get go?

The graffiti artists, first at Phun Phactory, later succeeded and superseded by 5 Pointz!

Who do you think put LIC on the map?
The graffiti artists at 5 Pointz!

What do you think draws record crowds?
5 Pointz...certainly not PS 1...except for their noisy, summer Saturday night parties. Ask the local precinct who have to deal with PS 1's lingering drunks about the problems they create.

Contrary to that, 5 Pointz events are praised by the cops for security and handling.

And...dumbkoff...the VARA law IS NOT based on squatters' rights. Read it for yourself, if you can read!

Anonymous said...

It looks like a bunch of trolls in toll booths are collecting it...Jerry & David Wolkoff, Jimmy Van Bramer, Joe Conley...perhaps, all three?

How thin your shady disguises are!
BOO! Happy Halloween. Shed those shabby costumes!

Anonymous said...

I believe,
that same "dope smoking" judge put the Gotti crime family away. Look him up.

What do you do with that vast surplus of time you've got your hands, bub?

Brewskies and babble don't cut it out here in the real world, fella.

Anonymous said...

Brick and mortar can't be beat!...even if the structure is nearing 100.
That 5 Pointz building is built better than most of the flimsy glass bee hives going up in LIC.

One good wind blast and those glitz boxes will be losing windows from their curtain wall construction.

TIMBER! Look out below!

The only reason that 5 Pointz exterior staircase collapsed years back...almost killing Nicole, an artist...was the slumlord's neglect.

Wolkoff is still contesting her lawsuit.

Anonymous said...

Wolkoff doesn't intend on building. He's in the soup for his Nassau County (Pilgrim State Psychiatric Center) fiasco.

He needs quick cash from 5 Pointz to bail himself out on that one.

No doubt, he intended to flip the 5 Pointz property for a quick cash out.

OOOPS! The court order just stopped Wolkoff 's dream of a quick exit from all of his his headaches.

Anonymous said...

Conley and Van Bramer apparently didn't do their jobs too good. Now "big" Jerry Wolkoff is angry!

"Big" Jerry is used to throwing his weight around and having his own way...thanks to the start he got with his wife's Las Vegas money.

Isn't wifey related to Jack Entretter, of the Sands Hotel fame?

Whoa...his son David is married to a Harry Winston jewels heir...Stephanie Winston Wolkoff.
She gave money to Councilman Van Bramer too.

I hope David can buy some respectability....and a new life away from dad.

But the bottom line is...the Wolkoff's remain a family of thinly gold plated brass!

Anonymous said...

Keep the outside of the building, build your condos and make millions from hipsters wanting to live there.
That would make it the perfect symbol for what LIC and Western Queens has become.

Ned said...

""That same "dope smoking" judge put the Gotti crime family away. Look him up""

Yeah and look what Ozone Park, Glendale, Ridgewood and Woodhaven has become without those fellas and corner men keeping order.
There was little crime, bling on houses, Rap or Salso music blasting till 4AM.
In the old days if you (or some agent blockbuster) showed a house for sale to some asshole slumlords or "vibrant and diverse" you got a good "talking to"
You pinko liberal carpetbaggers need to get your ass back the other side the Hudson river.
Los Angeles, Seattle or San Fransisco perhaps where bullshit is tolerated.
Most you self titled artists have no respect, dont even shave or go to work.
Nobody likes your art but yourselves, gang members and perhaps a couple liberal activist judges who dont even live in New York let alone QUEENS.

Anonymous said...

Only in NewAmerica can you sue someone for doing legal work on their own property, and claim control over something that you do not own, nor have had any formal agreement over.

Anonymous said...

Owner Gerald Wolkoff did a drive by inspection at 5 Pointz yesterday.
He's legally not permitted to confront or harass staff or the board of 5 Pointz.

The buzz is that this commercial slumlord NEVER intended to develop the property...merely quickly flip it to Rockrose Development (after obtaining his zoning variance) for a swift windfall profit.
Rockrose already owns a building across the street on Crane Street.

Van Bramer, Conley and the whole corrupt city "family" likely knew this.

Now Wolkoff has got to wait to see if he can flip the site to Rockrose, as soon as a federal court decision is rendered.

Anonymous said...

So, you prefer your REAL GANGSTER mafiosi soldieri pals...who live in the butt holes of Queens...who put people in the cemetery.

You sound like you're tailor made for a role in the Soprano's...big mouth and not too bright...a real mouth breather.

Anonymous said...

Wolkoff, 5 Pointz site owner, does work on the cheap...legally or illegally. He prefers non-union labor, that can easily be exploited.

That's why a renter narrowly escaped death when the poorly maintained slumlord's staircase suddenly gave way...plunging her 40 feet to the sidewalk below.

The artists studios, that Wolkoff filled two upper floors with (when he couldn't get a big tenant) were against the fire code and ILLEGALLY put up.

Anonymous said...

That "NewAmerica" throwback
sounds like a embarrassment to solid Republicans like like myself.

It sounds like he's full of opinions. with barely enough brains to fill a thimble.

These are the kind of guys that just shut down America.

Anonymous said...

It's SALSA, not "salso" Ned. Your ignorance precedes your bluster.

Anonymous said...

Maybe you need to move, Ned to a new nabe with people of your ilk. Join the Whitestone, Malba, Beechurst mouth breathers...if you can afford it.