PARKVIEW ASSOCS v. CITY OF NY


71 N.Y.2d 274 (1988)

In the Matter of Parkview Associates, Appellant, v. City of New York et al., Respondents, and Civitas Citizens, Inc., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1988.


Attorney(s) appearing for the Case

Jeffrey L. Braun, Hector Torres and Audry Weintrob for appellant.

Peter L. Zimroth, Corporation Counsel (Phyllis Arnold, Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for respondents.

Robert S. Davis and Karl S. Coplan for intervenor-respondent.

Jeremiah S. Gutman, Arthur C. Silverman and Leonard Benowich for the New York Society of Architects and another, amici curiae.

Martin Gallent and Marc Silver for Carnegie Hill Neighbors and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

We hold in this case involving the height of a building on Park Avenue in Manhattan, already constructed in excess of the height limitations of applicable zoning provisions, that estoppel is not available to preclude a governmental entity from discharging its statutory duties or to compel ratification of prior erroneous implementation in the issuance of...

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