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New Rochelle v the LaRoccas - Part I: Brazen Misappropriation

Robert Cox

09 Oct 2022 — 6 min read

NEW ROCHELLE, NY (October 9, 2022) -- I have not written about Flavio La Rocca for six years, back when readership of Talk of the Sound was much smaller than it is today. I expect most readers today are not even familiar with the name Flavio La Rocca, let alone why the City of New Rochelle has accused Flavio La Rocca, Maria La Rocca and their companies of “brazen misappropriation of city property”.

With cross motions for summary judgment finally fully submitted last month for a lawsuit filed in 2016, the time has come to bring readers current on a case I have been patiently following all those years.

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Full disclosure, the lawsuit came about as a result of my reporting in 2015 when I documented how Flavio La Rocca converted a portion of New Rochelle parkland into a parking lot, how his property at 436 Fifth Avenue encroached on property owned by the City of New Rochelle and how La Rocca appropriated property on the other side of Fifth Avenue owned by Clear Channel Communications to store supplies, equipment, and vehicles. Before the lawsuit was filed, the La Rocca’s had their attorney send me “cease and desist” letters to stop reporting on the La Rocca’s (as readers might rightly expect, I told them to bugger off). My photos and video were exhibits used by both sides to make their case. I was deposed by both sides for several hours. In another deposition, La Rocca’s attorney referred to me as the City’s “main witness”. So, yes, I have a rooting interest in the outcome of this case.

Before getting into the legal arguments, I want to present readers with the context for the lawsuit: a historical timeline that goes back to 1907 and the creation of East Street. I am linking my reporting from 2014 to 2016, starting with opposition to a proposal to move the Department of Public Works facility known as “City Yard” to an area near Flowers Park, known as “City Park” and then my eight-part 2015 series “Who is Flavio La Rocca?”

Flavio and Maris La Rocca acquired the parcel of land located to 436 Fifth Avenue (Contractors Yard Section 3, Block 931, Lot 29) on September 18, 2002, from John Maffei and Rose Maffei, and on January 30, 2008, transferred the property to FMLR Management Realty (Flavio Maria La Rocca).

Most central to the issue is East Street — a right of way (not a public street) otherwise referred to as a “paper street”.

Paper Street: A paper street or paper road is a street or road that appears on maps but has not been built. Paper streets generally occur when city planners or subdivision developers lay out and dedicate streets that are never built. Commercial street maps based only on official subdivision and land records may show streets which are legally public rights of way, though usually undriveable.

East Street was laid out as part of the Fifth Avenue Heights real estate development undertaken by Hadert Realty Company more than a century ago.

A map of Fifth Avenue Heights was filed with the Register of Westchester (the Westchester County Clerk) on June 7, 1907. The map encompasses Weeks Place, Pine Brook Road, Crest View Street, Ashland Street, Chatsworth Place, East Place and East Road. After the development was completed, Hadert Realty Company filed an Indenture with the Westchester County Clerk on April 30, 1914, to establish the streets identified in the map as public streets.

TOGETHER with the right to the party of the second part, its successors and assigns, and its agents and servants, and any other person or persons, for it and their benefit and advantage, at all times freely to pass and repass on foot or with animals; vehicles, loads or. otherwise, through and over the said streets or avenues, to the end that said streets and avenues may be forever public street or highways, and may be used and enjoyed as such, together with the right to the party of the second part, its successors or assigns, to repair said streets and avenues as there shall be occasion. TOGETHER with the appurtenances and all the estate and rights of the said party of the first part; in and to the said premises TO HAVE AND TO HOLD the above granted premises unto the said party of the second part, its successors and assigns forever.

On May 19, 1914, the Department of Public Works advised the City Council that Weeks Place, Pinebrook Road, Crest View Street, Chatsworth Place and Ashland Street (Fifth Avenue Heights) “are properly monumented and are fifty feet in width”.

On June 2, 1914, New Rochelle Assistant Corporation Counsel Frank X. Fallon made a report to the New Rochelle City Council:

Pursuant to resolution of the Council, I have examined the deed of the Hadert Realty Company to the City conveying as public streets, certain private streets in Fifth Avenue Heights and find the said deed to be in proper form and duly executed.

My attention has been called to the fact that East Street, one of the streets named in deed, is but thirty feet wide. This street borders on City Park and in view of this fact, it might be well for the City to Accept it as it is.

At that same meeting on June 2, 1914, the New Rochelle City Council adopted a resolution by a vote of 6-2 accepting all of the streets in Fifth Avenue Heights as public streets except East Street.

WHEREAS, the Department of Law, by communication dated Jun 2, 1914, has advised this Council that Weeks Place, Pinebrook Road, Crest View Street, Chatsworth Place and Ashland Street (Fifth Avenue Heights) are public streets and that the City may accept them as public streets if it so desires, and

WHEREAS, the Department of Public Works has, by communication dated May 19, 1914, advised this Council that the said streets have been properly monumented and are fifty feet in width, now, therefore, BE IT RESOLVED, that Weeks Place, Pinebrook Road, Crest View Street, Chatsworth Place and Ashland Street (Fifth Avenue Heights) be and the same are hereby accepted as public streets. (Approved, June 3, 1914.)

The Clerk read the following resolution, which was on motion of Councilman Scott, seconded by Councilman Huntington, laid on the table. The roll call showing the following vote.

Ayes: Councilmen Appenzeller, Huntington, Kistinger, Koch, Stella, Scott.

Nays: President Valentine; Councilman Inglis.

There was consideration given in the late 1920s to turn East Street into a public street by extending it to connect from Fifth Avenue and Potter Avenue through Hardscrabble Road (now Barnard Road) and Beechmont Road, but that did not come to pass.

From 1914 to 2015, the ownership of East Street was never questioned. That is no longer the case. It is now the central question in the Answer and Counterclaims filed by Flavio La Rocca, Maria La Rocca and their companies.

Understanding that East Street was never a public street but always property owned by the City of New Rochelle will bring into relief the absurd nature of the defense and counterclaims made by the La Roccas.

Debate Over Relocation of New Rochelle Public Works Yard Heats Up(12/14/2014)

Who is Flavio La Rocca? – Part I(5/23/2015)

Who is Flavio La Rocca? – Part II(5/23/2015)

Who is Flavio La Rocca? – Part III(5/25/2015)

Who is Flavio La Rocca? – Part IV(5/26/2015)

Who is Flavio LaRocca? Part V(5/27/2015)

Who is Flavio La Rocca? – Part VI(6/9/2015)

Who is Flavio La Rocca? – Part VII(6/20/2015)

GETTING RESULTS: City of New Rochelle Initiates Enforcement Actions Against LaRocca “Parking Lot”(6/23/2015)

Who is Flavio La Rocca? – Part VIII(11/9/2015)

GETTING RESULTS: La Rocca Served with Removal Notice for East Street Violations (1/26/2016)

GETTING RESULTS: City Charges Flowers Park Tree Killer with Misappropriation and Encroachment(4/1/2016)