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PENN CENT. v. CITY OF N.Y.

50 A.D.2d 265 (1975)

Penn Central Transportation Company et al., Respondents, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1975

Attorney(s) appearing for the Case

Nina Gershon Goldstein of counsel (Stanley Buchsbaum and L. Kevin Sheridan with her on the brief; W. Bernard Richland, Corporation Counsel), for appellants.

John E. F. Wood of counsel (John M. Friedman, Jr., Peter H. Jacoby and Philip H. Hedges with him on the brief; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys for respondent UGP Properties, Inc., and White & Case, attorneys for respondents Penn Central Transportation Company, The New York and Harlem Railroad Company and The 51st Street Realty Corporation), for respondents.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Philip Weinberg and Barbara Brenneman of counsel), for State of New York, amicus curiae.

Austin A. Laber (Steven R. Ganfer of counsel), for Citizens Housing and Planning Council of New York, Inc., amicus curiae.

STEVENS, P. J., and KUPFERMAN, J., concur with MURPHY, J.; MARKEWICH and LUPIANO, JJ., dissent in an opinion by LUPIANO, J.

MURPHY, J.

Defendants have thus far been more successful, at the appellate level, in repelling a direct frontal attack on the constitutionality of the New York City Landmarks Preservation Law (Administrative Code of City of New York, ch 8-A) than in applying it to a given factual situation. (Cf. Lutheran Church in Amer. v City of New York, 35 N.Y.2d 121; Matter of...

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