137 A.D.2d 238 (1988)

John M. Rudey et al., Individually and as Shareholders in 1030 Fifth Avenue Corporation, Appellants, v. Landmarks Preservation Commission of the City of New York et al., Respondents, et al., Respondent

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

May 26, 1988

Attorney(s) appearing for the Case

James G. Greilsheimer of counsel (Paul E. Breene, Robert S. Davis and Diane Penneys Edelman with him on the brief; Stroock & Stroock & Lavan and Berle, Kass & Case, attorneys), for appellants.

Fay S. Ng of counsel (Pamela Seider Dolgow and Robin Binder with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for Landmarks Preservation Commission of the City of New York and another, respondents.

John P. Rooney for 1030 Fifth Avenue Corporation, respondent.



Petitioners herein are shareholder-tenants of respondent 1030 Fifth Avenue Corporation and hold a proprietary lease on apartment 5W of the subject building, which is located across the street from the Metropolitan Museum of Art. In 1979, petitioners, contemplating renovation of their apartment, including replacement of the original multipaned, double-hung wood windows with single-paned aluminum windows...

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