The empty lot on 2nd Avenue between 2nd and 3rd streets is for sale

Photos and reporting by Stacie Joy 

The currently vacant lot on Second Avenue between Second Street and Third Street is now on the market. 

The property spans 14,019 square feet, with more than 100,000 buildable square feet, according to the listing from brokerage BKREA. 

A zoom-in on the property description:

The Site has been fully demolished and offers 14,019 square feet of lot area with approximately 161feet of prime frontage along Second Avenue. Zoned C6-2A (R8A), the Site permits a residential FAR of 6.02, which can increase to 7.20 through the Universal Affordability Preference (UAP) zoning initiative, yielding a total buildable envelope of approximately 100,936 square feet.

The Site will be delivered with 20,468.2 square feet of Inclusionary Housing Certificates, of which a purchaser may deploy 16,543 square feet to unlock fully free-market residential floor area. This bonus floor area increases the free-market residential buildable area to approximately 100,936 square feet, with an additional 3,925.2 square feet that can be sold to a development site within the same community board or within 0.5miles of 42 Second Avenue.

Here's a rendering of a possible development for the site shown on the listing.

Some history: In 2020, Gemini Rosemont spent more than $50 million to assemble the development ... buying the former La Salle annex at 38 Second Ave. and Second Street. The $14.5 million purchase of the four-story building was the third of three contiguous plots they acquired. The commercial real estate investment company closed on 42-44 Second Ave. and 46-48 Second Ave. (the former Church of the Nativity) in March 2020 for $40 million. 

However, as The Real Deal first reported in August 2023, the city revoked the building permits after Robert Proto, who owns 50 Second Ave. at Third Street, raised concerns about the development. 

Per TRD: "Proto made unceasing calls to officials for weeks, triggering an audit by the Department of Buildings that found code and zoning issues that had initially slipped past the agency." 

Gemini later decided to walk away from the project, ultimately putting the assemblage up for sale. 

In the new listing for 42 Second Ave., the marketing materials describe a project that has cleared several early hurdles.

According to the "neighbor update" document available when you request more information, the ownership group secured a demolition access agreement with the adjacent property at 50 Second Ave., allowing demolition of the buildings at No. 42.

After demolition, the developers sought to negotiate a construction access agreement with the neighbor. When those discussions stalled, they filed a Section 881 proceeding in New York State Supreme Court — a legal mechanism that allows a developer to seek court-ordered access to a neighboring property when work requires it. 

The materials state that the 881 proceeding was later withdrawn in 2023, as ownership began exploring a potential sale of the property. 

Two issues with the neighbor were described as still pending: a property-damage claim tied to the demolition phase, which the developers say is being handled through insurance, and a request from the neighbor for reimbursement of professional fees related to the 881 case, to be determined by a court-appointed referee. 

However, in an email with EVG, Proto disputes several aspects of that characterization. 

Proto said he raised safety concerns early in the process, arguing that the proposed plans for 42 Second Ave. could pose risks to his property. According to Proto, his building sustained damage during demolition, and he later filed a lawsuit citing alleged breaches of the access agreement. That case is scheduled for trial in April. 

He also disputes the claim that the Section 881 case was withdrawn because the property was being marketed for sale. He said the Department of Buildings placed the project plans under audit and revoked the permit after determining the plans were not code-compliant. 

Proto maintains that several issues tied to the project remain unresolved and said he intends to continue advocating on behalf of his tenants and his landmarked building. 

Previously on EV Grieve: 

• On 2nd Avenue and 2nd Street, an empty lot and lots of questions about what's next 

• The 2nd Avenue/2nd Street lot saga may have a new chapter

The 2nd Avenue/2nd Street lot saga may have a new chapter

Photos and reporting by Stacie Joy

Questions continue to surround the long-vacant lot at the northeast corner of Second Avenue and Second Street. This site has been the subject of years of litigation, neighborhood concern, and stalled development plans. 

Now there's a new wrinkle. According to Robert Proto, an adjacent property owner, the developer Gemini Rosemont is once again preparing to put the property on the market — and may be winding down its New York City operations altogether. 

Proto, who successfully challenged earlier permits for the proposed development and remains in litigation with Gemini (see below for more background), says he has not been contacted directly by the company.

Instead, he's hearing from brokers and others in the real estate world as word circulates about a potential sale. 

 We reached out to Proto to ask what he's hearing — and what might come next for the still-empty site. (We also contacted Gemini Rosemont, and did not get a response.)

You mentioned that Gemini may be wrapping up operations here and putting the site up for sale. What are you hearing, and from whom? 

I have not had contact with Gemini. I'm still in litigation with them. I've received several phone calls asking if I'm aware that the site is being put up for sale and whether I've given an access agreement. The answer was no and no. These people also told me that Gemini is closing up its New York operations. I can't confirm that this is true. 

Have they formally listed the property yet? 

 They have not listed it yet, but they've approached all the top brokers. I've already been contacted by three firms. They did get the plans approved last year despite my protest with the DOB. I still don't believe those plans are code-compliant, and I'm confident I can prove that on appeal. I've also been told — by someone friendly with a top person at Gemini — that they are liquidating their holdings and closing up shop, at least in New York. Again, that's what I know right now. Interestingly, several of their New York employees are looking for work on LinkedIn. 

What did this experience teach you about how developers — and the city — actually operate? 

I think there are good and bad developers. These are bad developers. I've learned that the city and the DOB put the needs of adjacent owners and tenants behind those of developers — especially under the Adams administration. I've found the DOB to be incompetent and corrupt, sadly. 

Given the property's potential transition, who is responsible for maintaining and monitoring the lot? 

The lot is still owned by Gemini, so it would be their responsibility.

What's the current state of the property when you look out your window? 

Nothing has changed at the site. I don't believe anything will happen for a while. 

Even if it changes hands, I still have not given an access agreement.

I also contend the plans aren't code-compliant, and I have avenues to appeal any issuance of a permit. It could take several years of appeals and litigation.

Looking ahead, what would you like to see happen here? 

I've always maintained that my only goal was to protect my building and tenants — not to stop development of the site.

If it changes hands, my hope is that the new owner will have learned from Gemini's mistakes and will come forward with plans that ensure neighboring properties aren't damaged. 

This whole saga occurred because Gemini thought they could steamroll anyone in their way. I believe that when you enter into an agreement with someone, you honor it. Gemini didn't. 

Second Avenue and Second Street sagas

In 2020, Gemini Rosemont spent more than $50 million to assemble the development ... buying the former La Salle annex at 38 Second Ave. and Second Street. The $14.5 million purchase of the four-story building was the third of three contiguous plots they acquired. The commercial real estate investment company closed on 42-44 Second Ave. and 46-48 Second Ave. (the former Church of the Nativity) in March 2020 for $40 million. 

However, as The Real Deal first reported in August 2023, the city revoked the building permits after Proto, who owns 50 Second Ave. at Third Street, raised concerns about the development.

Per TRD: "Proto made unceasing calls to officials for weeks, triggering an audit by the Department of Buildings that found code and zoning issues that had initially slipped past the agency."

Previously on EV Grieve:

 • On 2nd Avenue and 2nd Street, an empty lot and lots of questions about what's next

On 2nd Avenue and 2nd Street, an empty lot and lots of questions about what's next

Photos and reporting by Stacie Joy 

Rumors are circulating that Gemini Rosemont will proceed with the development company's original plans to build an 11-story mixed-use building on the vacant NE corner of Second Avenue and Second Street.

In 2020, Gemini Rosemont spent more than $50 million to assemble the development ... buying the former La Salle annex at 38 Second Ave. and Second Street. The $14.5 million purchase of the four-story building was the third of three contiguous plots they acquired. The commercial real estate investment company closed on 42-44 Second Ave. and 46-48 Second Ave. (the former Church of the Nativity) in March 2020 for $40 million. 

However, as The Real Deal first reported last August, the city revoked the building permits after Robert Proto, who owns 50 Second Ave. at Third Street, raised concerns about the development. Per TRD: "Proto made unceasing calls to officials for weeks, triggering an audit by the Department of Buildings that found code and zoning issues that had initially slipped past the agency." 

The property hit the sales market last fall and is no longer available. Sources told us there weren't any takers. We contacted a Gemini Rosemont spokesperson for comment and will update you if they respond.

Proto recently provided EVG with a tour of the building he co-owns with his wife. His son and his son's girlfriend live in the building now. While Robert Proto and his wife live in New Jersey now, they have their office at No. 50. 

Surveying the rubble-strewn property next door, which previously housed the Church of the Nativity and LaSalle Annex, Proto said he "doesn't like a vacant lot" and that his building, which is now "covered in graffiti," isn't protected from vandals enough.

Proto has owned the landmarked 1899 Renaissance Revival-style tenement for 12 years and has maintained its pre-war charms.

Proto has been a vocal opponent of the mega-developer. As detailed in the TRD article, the adjacent construction site posed a significant risk of undermining his 10-unit building. 

This led to a legal battle with Gemini (the litigation continues), as the company needed a permit to drill through his basement to check the depth of the footings. Proto emphasized the need for "access agreements with all the surrounding buildings in order to build on the site."

"It's paramount to me to protect my tenants," Proto said, noting that "the status quo helps no one."