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SHUBERT ORG. v. LANDMARKS

166 A.D.2d 115 (1991)

570 N.Y.S.2d 504

Shubert Organization, Inc., et al., Appellants, v. Landmarks Preservation Commission of the City of New York et al., Respondents, and Save the Theatres, Inc., Intervenor-Respondent

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

May 16, 1991

Attorney(s) appearing for the Case

Alvin M. Stein of counsel (Amos Alter and Sharon H. Stern with him on the brief; Parker Chapin Flattau & Klimpl, attorneys), for The Shubert Organization, Inc. and others, appellants.

Allen G. Schwartz of counsel (Gregg M. Mashberg with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for Nederlander Organization, Inc. and others, appellants.

Kristin M. Helmers of counsel (Leonard Koerner, Virginia Waters and Dorothy Miner with her on the brief; Victor A. Kovner, Corporation Counsel, attorney), for municipal respondents.

Mitchell S. Bernard of counsel (Natural Resources Defense Council, attorney), for intervenor.

John J. Kerr, Jr., of counsel (Nancy B. Mallery and Howard G. Sloane with him on the brief; Simpson Thacher & Bartlett, and Cahill Gordon & Reindel, attorneys), for National Trust For Historic Preservation and others, amici curiae.

MILONAS, J. P., WALLACH, KASSAL and SMITH, JJ., concur.

ASCH, J.

Petitioners, several theatre owners as well as trade organizations, had sought, inter alia, in this declaratory relief and CPLR article 78 proceeding, to annul the designation of 22 Broadway theatres as landmarks, and to declare null and void the underlying landmarks legislation and the antidemolition provision of the New York City Zoning Resolution.

Petitioners claim that the designation...

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