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TEACHERS INS & ANNUITY v. NYC

82 N.Y.2d 35 (1993)

623 N.E.2d 526

603 N.Y.S.2d 399

In the Matter of Teachers Insurance and Annuity Association of America, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided October 19, 1993.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson, New York City (Marc P. Cherno, Debra M. Torres and James L. Brochin of counsel), for appellant.

O. Peter Sherwood, Corporation Counsel of New York City (Elizabeth S. Natrella, Leonard Koerner, Pamela Seider Dolgow and Dorothy Miner of counsel), for respondents.

Douglas N. Cogen, New York City, for Municipal Art Society of New York, Inc., amicus curiae.

David A. Doheny, Elizabeth S. Merritt and Alexandra E. Acosta, of the District of Columbia Bar, admitted pro hac vice, for National Trust for Historic Preservation in the United States, amicus curiae.

Stroock & Stroock & Lavan, New York City (Joseph L. Forstadt and Adam S. Grace of counsel), for the Real Estate Board of New York, Inc., amicus curiae.

Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judges SMITH and LEVINE taking no part.

Chief Judge KAYE.

At issue on this appeal is the statutory authority of the Landmarks Preservation Commission to landmark the interior of the Four Seasons restaurant in Manhattan.

Appellant, Teachers Insurance and Annuity Association of America (TIAA), owner of the building that houses the restaurant, argues that the Commission has exceeded its authority under the New York City Landmarks Law in that the...

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