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1025 FIFTH AVE v. MARYMOUNT

123 Misc.2d 756 (1983)

1025 Fifth Avenue, Inc. et al., Petitioners, v. Marymount School of New York et al., Respondents.

Supreme Court, Special Term, New York County.

December 20, 1983

Attorney(s) appearing for the Case

Rosenman, Colin, Freund & Cohen for petitioners. Webster & Sheffield (William Barrett of counsel), for Marymount School of New York, respondent. Frederick A. O. Schwarz, Jr., Corporation Counsel (Beth Schwartz of counsel), for Landmarks Preservation Commission of the City of New York, respondent.

EDWARD J. GREENFIELD, J.

Motions numbered 204, 205 and 206 on the Special Term, Part I Calendar of November 10, 1983, are consolidated for disposition.

This CPLR article 78 proceeding to vacate an order and decision of the New York City Landmarks Preservation Commission which permitted the respondent Marymount School (Marymount) to construct a rooftop gymnasium on its Fifth Avenue buildings presents the court with three paradoxes:

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