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LINCOLN W. v. CITY OF NY

94 A.D.2d 483 (1983)

Coalition against Lincoln West, Inc., et al., Respondents-Appellants, v. City of New York et al., Appellants-Respondents

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

July 7, 1983

Attorney(s) appearing for the Case

Bruce J. Terris of counsel (Jack Auspitz, Nathalie V. Black and Monica Blong Wagner with him on the brief; Parker, Auspitz, Neesemann, & Delehanty and Terris & Sunderland, attorneys), for respondents-appellants.

Judah Gribetz of counsel (Douglas M. Parker, Jed S. Rakoff, Harold R. Tyler, Jr., Gregory L. Diskant, Owen McGivern and Frank S. Ioppolo with him on the brief; Mudge Rose Guthrie Alexander & Ferdon and Patterson, Belknap, Webb & Tyler and Donovan Leisure Newton & Irvine, attorneys), for Lincoln West Associates, appellant-respondent.

Marvin Kwatler of counsel (Leonard Koerner, Stephen Kramer and Stephen J. McGrath with him on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for municipal appellants-respondents.

CARRO, ASCH, MILONAS and KASSAL, JJ., concur.

ROSS, J. P.

The New York City Board of Estimate (Board), on September 16, 1982, with one dissenter, approved resolutions which permit respondent Lincoln West Associates (LWA), a private developer, to construct a large-scale residential and commercial project on the site of the so-called "60th Street Penn Yards".

Beginning in the early 1960's, with the bankruptcy of the New York Central Railroad, and continuing...

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