AMS. FOR EQUAL. v. KOCH


128 A.D.2d 99 (1987)

Asian Americans for Equality et al., Respondents, v. Edward Koch, as Mayor of The City of New York and Chairman of The Board of Estimate, et al., Appellants

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

May 5, 1987


Attorney(s) appearing for the Case

Stephen Dobkin of counsel (Frank Barbaro, Richard Sussman and Ann Detiere with him on the brief; Earle R. Tockman and Geoffrey D.H. Smith, attorneys), for respondents.

Edward F.X. Hart of counsel (Larry A. Sonnenshein with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for Edward Koch and others, appellants.

Ronald J. Offenkrantz of counsel (Spitzer & Feldman, P. C., attorneys), for Henry Street Partners, defendant.

Henry A. Hill, Jr., of counsel (Thomas Jay Hall with him on the brief; Brener, Wallack & Hill, attorneys), for American Planning Association, amicus curiae.

Leslie Salzman and Andrew Scherer of counsel (Renee Steinhagen, Roger Wareham, Diane Yee, Kathy Hecht and Roland Lewis with them on the brief; New York Lawyers for the Public Interest and Community Action for Legal Services, attorneys), for Ansonia Tenants Coalition, Inc., and others, amici curiae.

Daniel J. Popeo of counsel (Gerald J. Popeo and George C. Smith, attorneys), for Washington Legal Foundation, amicus curiae.

Alan Rosner, Helen Hershkoff and Scott A. Rosenberg of counsel (Kalman Finkel, as Attorney-in-Charge, Helaine Barnett, as Project Director, Arthur J. Fried, as Supervising Attorney, and John E. Kirklin, as Director of Litigation), for The Legal Aid Society of New York, amicus curiae on behalf of the Homeless Family Rights Project.

SULLIVAN, J. P., and WALLACH, J., concur with ROSS, J.; CARRO, J., dissents in an opinion; ASCH, J., concurs in part in the dissent in a separate opinion.


ROSS, J.

In this matter we are presented with the issue of whether the City of New York properly exercised its zoning power in creating the Special Manhattan Bridge District, which is located in the Chinatown area, in view of the allegation that the city did not affirmatively order the construction of dwelling units for low- and moderate-income persons.

Since...

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