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RED HOOK v. BD. OF STDS.

5 N.Y.3d 452 (2005)

839 N.E.2d 878

805 N.Y.S.2d 525

In the Matter of RED HOOK/GOWANUS CHAMBER OF COMMERCE, Appellant, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Respondents.

Court of Appeals of the State of New York.

Decided October 25, 2005.

Attorney(s) appearing for the Case

Weiss & Hiller, PC, New York City (Michael S. Hiller and Nikol A. Gruning of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Pamela Seider Dolgow, Leonard Koerner and Louise Moed of counsel), for New York City Board of Standards and Appeals and another, respondents.

Bryan Cave LLP, New York City (Robert S. Davis, Philip E. Karmel and Edward D. Greim of counsel), and Goldberg & Cohn, LLP, Brooklyn (Elliott S. Martin of counsel), for 160 Imlay Street Real Estate LLC, respondent.

Before: Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Chief Judge KAYE; Judge G.B. SMITH dissents in a separate opinion in which Judge R.S. SMITH concurs.

OPINION OF THE COURT

Chief Judge KAYE.

Petitioner is a nonprofit organization composed of 85 local business owners in the Red Hook and Gowanus neighborhoods of Brooklyn. In 2000, respondent 160 Imlay Street Real Estate LLC, through a predecessor entity, acquired a 220,000 square foot warehouse and manufacturing facility in Red Hook. Claiming that it could not find a sufficient number of commercial tenants...

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