NYPD says they have new tip in Robert Durst case

The NYPD says it has received a new lead in its 35-year-old investigation of Robert Durst — but a lawyer representing the family of his presumed-dead first wife says cops are creating “the illusion” of an ongoing case.

NYPD Missing Persons Detective Monty Velez says in an affidavit filed in Manhattan Supreme Court that the department received a new tip in November about the disappearance of Kathie Durst in 1982.

“Although Ms. Durst disappeared nearly 36 years ago, her case is the subject of an open law enforcement investigation, as NYPD continues to actively follow-up on leads that may come in,” Velez said.

“In fact, NYPD received a new lead just last month, which I am actively pursuing. Ultimately, if NYPD determines that a crime was committed, a perpetrator may be apprehended and a prosecution can still occur.”

The revelation came as part of a lawsuit pitting a lawyer for Kathie Durst’s sisters against the NYPD.

Their attorney, Bob Abrams, seeks access to the NYPD’s case file on her disappearance for separate litigation against Robert Durst in Nassau County. The NYPD denied the request, citing an ongoing investigation.

The lawsuit seeking documents from the NYPD investigation, filed in October, alleged that detectives worked with an ex-cop hired by the Durst family to cover up the demented real estate scion’s role in his wife’s death.

Kathie Durst was officially declared dead earlier this year, though her body has never been found.

The NYPD is “grasping at straws,” Abrams wrote in papers arguing the department should turn over the Durst case file.

The NYPD has “not actively pursued and/or investigated Kathie’s disappearance for over 30 years, and have no intention of conducting a further investigation,” he wrote.

Robert Durst, 74, is facing trial in Los Angeles for killing his best friend Susan Berman in 2000 out of fear she was about to speak to investigators about Kathie's disappearance.

Former NYPD Detective Michael Struk testified last month in Los Angeles that any suggestion the department protected Durst was “bulls--t.”

But he also admitted to sleeping with a witness three decades ago.

Los Angeles Deputy District Attorney John Lewin called the NYPD investigation “well-intentioned” but “incompetent.”

The NYPD says its investigation continues, citing Velez’s sworn statement as justification for rejecting Abrams’ Freedom of Information Law request for the case file.

Abrams, of the firm Abrams Fensterman, says in papers the timing of the new tip is “curious.”

Kathie's brother Jim McCormack, who is not a party to the Nassau County case, told the Daily News the supposed tip "doesn't pass the sniff test."

He last spoke to NYPD detectives in 2001, he said.

“If there really is a tip, if they're sincere about pursuing closure and justice, I would be more than happy to have them call me," he said.

“I would love to at least have a conversation."

A Law Department spokesman declined to comment.