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SUTTON AREA v. BD OF ESTIMATE

165 A.D.2d 456 (1991)

In the Matter of Sutton Area Community et al., Appellants, v. Board of Estimate of City of New York et al., Respondents, and Glick Development Affiliates, Intervenor-Respondent

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

April 2, 1991

Attorney(s) appearing for the Case

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

Fred Kolikoff of counsel (Larry A. Sonnenshein with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for respondents.

Eric Bregman of counsel (David Paget and Michael D. Zarin with him on the brief; Sive, Paget & Riesel, P. C., attorneys), for intervenor-respondent.

ROSENBERGER and KASSAL, JJ., concur with ASCH, J.; KUPFERMAN, J. P., and MILONAS, J., dissent in a separate opinion by MILONAS, J.

ASCH J.

The project which is the subject of our scrutiny is not a modest one-family cottage standing alone in the middle of an unpopulated prairie. The approval by the Board of Estimate was for a massive private development to be built in the center of one of the most congested neighborhoods in Manhattan.

As approved, the project includes twin 44-story towers, proposed construction of 520 luxurious apartments...

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