NEW ROCHELLE, NY (March 31, 2026) — A Westchester County Supreme Court justice has found multiple defendants in contempt of court for failing to comply with an order to remove a construction yard encroachment onto East Street, with fines imposed and a deadline approaching that could trigger escalating weekly penalties.
The ruling marks the latest development in a decade-long legal battle that began after a 2015 investigation documented a contractor clearing trees and paving over city-owned land to create an unauthorized parking lot, prompting the City of New Rochelle to file suit in 2016.
In a March 20 Decision and Order, Justice David S. Zuckerman ruled that Flavio La Rocca, Maria La Rocca, Flavio La Rocca & Sons, Inc., and FMLR Realty Management LLC violated a prior court directive requiring removal of the encroachment within 30 days of service.
The underlying case centers on property at 436 Fifth Avenue, where the court previously found the defendants extended their contractor’s yard onto East Street, a city-owned right-of-way.
The City alleged the defendants engaged in long-running encroachments despite prior notices in 2009 and 2015 demanding removal.
As part of its contempt motion, the City submitted a February 19, 2026 Notice of Violation issued by the New Rochelle Department of Buildings citing fencing encroaching onto East Street and directing its removal.
The court found the defendants failed to comply with its November 5, 2025 order, which required removal of the encroachment by December 19, 2025. The court rejected the defendants’ argument that a pending appeal justified noncompliance, finding the claim had “no merit.”
Justice Zuckerman determined the continued encroachment deprived the City of the use of its property and exposed it to potential liability, satisfying the legal standard for civil contempt.
The court ordered the defendants to pay a $10,000 fine within 14 days of service of the order with notice of entry and to remove the encroachment within the same timeframe. If the encroachment is not removed, the court imposed an additional penalty of $10,000 per week until compliance is achieved. The defendants were also ordered to pay the City’s attorneys’ fees and expenses related to the contempt motion.
Court records show the order was served on the defendants on or about March 23–24, 2026, triggering a 14-day compliance deadline of approximately April 7, 2026. If the encroachment is not removed by that date, weekly penalties are set to begin accruing.
The case, City of New Rochelle v. La Rocca, has been pending since 2016.
The reporting was later cited in court filings, and its author was deposed as a witness.
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This article was prepared with the assistance of AI tools under the direction and editing of Robert Cox.
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