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Shainman files notice of claim against Kinderhook officials

Sep 12, 2021 6:00 am

Emilia Teasdale is reporting for The Columbia Paper Jack Shainman, the owner of The School gallery in the village of Kinderhook, has filed a notice of claim against the village code enforcement officer and the mayor, alleging that their actions resulted in Shainman suffering damages of approximately $50,000. The notice was filed in state court in April. The allegations are based on the actions of village officials concerning the placement of "Truth Be Told," by artist Nick Cave, on the facade of Shainman's building, located at 25 Broad Street. The piece was de-installed in late January and later placed on an outside wall of the Brooklyn Museum, where it is currently on display until March 2022. In October 2020, village Code Enforcement Officer Peter Bujanow denied the gallery’s request to put up the Cave work based in part on Bujanow’s determination that the piece was considered a sign based on the village zoning code. The stop-work order, issued as the piece was going up, said the gallery's actions were in violation of the law that requires Historic Preservation Commission review and approval of all exterior alterations to buildings in the district. The order further prohibited the application of what village officials labeled as flammable material to the building facade in violation of the state building code. The village Zoning Board of Appeals later overturned the order in February 2021, finding that Cage's piece was not a sign and could not be regulated under the village code. Shainman's notice of claim argues, “Beginning in the summer of 2020 and continuing to February 2, 2021, Bujanow attempted to interfere with various rights of the claimants.” The claimants include Shainman, his partner Carlos Vega and 25 Broad Street LLC. It further accuses Bujanow of prior restraint and of trying to “impose different rules for the installation of ‘Truth Be Told,’ as opposed to those who [sic] apply to residents and property owners throughout the village of Kinderhook." Shainman has accused Mayor Dale Leiser of failing "...to adequately ensure that Bujanow was trained and functioning according to applicable law…” Shainman is represented by Kinderhook attorney William J. Better Read the full story in The Columbia Paper.