New York Safety Track (NYST), now marketing itself as NY Raceport, has been embroiled in legal conflict nearly continuously since it opened in 2013. Operating under the entity Mountaintop Airfield LLC, the disputes span municipal planning law, neighbor nuisance complaints, allegations of misrepresentation to town officials, regulatory non-compliance with multiple state agencies, unauthorized construction activity, and — most recently — reported internal disputes between the track's co-founders that threaten the facility's very existence.
Browse by chapter
01 — 02
Background, Origins & Site Plan Misrepresentation
2011 – 2013
How the property was acquired, the track built, and how the "safety training" framing secured approvals the facility's true use likely would not have obtained.
03 — 05
Neighbors' Lawsuit, Contempt Proceedings & Ongoing Violations
2013 – Ongoing
34 residents sue. Judge Burns rules in their favor. NYST claims a contempt ruling refusal as a "victory." Violations continue. Community opposition intensifies.
06
Expansion Application & Unanimous Denial
2022 – 2024
NYST seeks a major expansion including a mini-track, cars, racing events, and extended hours. The planning board votes unanimously to deny after years of contentious review.
★
The Airstrip & Aircraft Complaints
2023 – 2024
The property's pre-existing FAA-registered airstrip and its active use — including neighbor complaints of low-altitude stunt flying — documented across multiple planning board hearings.
08 — 10
NYST Sues the Planning Board, DOH & DEC Enforcement, $46,400 Fine
2024 – 2025
Two lawsuits against the Town. State health inspectors denied entry. Construction resumes after denial. A $46,400 fine finalized. DEC enforcement pending.
12
The 2026 Campground Application
2026 – Ongoing
After a $46,400 state health fine, NYST returns to the planning board to "regularize" a campground it has been operating without authorization. A site visit finds more on the ground than was ever disclosed. Application still pending.
11
Internal Collapse — The Lubinitsky Family Disputes
2025
Father and son sue each other in Queens County Supreme Court in filings weeks apart. $693,000 allegedly misappropriated. Judicial dissolution sought. The track's future hangs in the balance.
Disclaimer
This site is an informational summary compiled from publicly available court filings, state agency inspection records, municipal meeting minutes, and local news reporting. All allegations are drawn from court filings and public records and are unproven unless otherwise noted. This site does not constitute legal advice. Court filing sources include: Gregory Lubinitsky v. David Lubinitsky and Mountain Top Airfield LLC, Queens County Supreme Court Index No. 710474/2025; and In the Matter of the Petition of David Lubinitsky for Judicial Dissolution of New York Safety Track LLC, Queens County Supreme Court Index No. 715877/2025. Municipal sources include Town of Harpersfield Planning Board minutes, 2022–2026. News sources include The Reporter (Catskills Today), The Daily Star, Watershed Post, Road Racing World, and Ultimate Motorcycling. DOH and DEC inspection records were obtained via Freedom of Information Law requests.