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328 OWNERS v. 330 W. 86 OAKS

34 A.D.3d 108 (2006)

820 N.Y.S.2d 557

328 OWNERS CORP., Respondent-Appellant, v. 330 WEST 86 OAKS CORP., Respondent, 330 WEST 86TH STREET, LLC, Appellant-Respondent, and CITY OF NEW YORK, Respondent-Appellant.

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

August 17, 2006.

Attorney(s) appearing for the Case

Edward B. Safran, New York City, for appellant-respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Tahirih M. Sadrieh, Edward F.X. Hart and Warren Shaw of counsel), for municipal respondent-appellant.

Marcus Rosenberg & Diamond LLP, New York City (David Rosenberg of counsel), for 328 Owners Corp., respondent-appellant.

Paul, Hastings, Janofsky & Walker LLP, New York City (David Fleischer and David Park of counsel), for 330 West 86 Oaks Corp., respondent-respondent.

SULLIVAN and WILLIAMS, JJ., concur with MAZZARELLI, J.P.; ANDRIAS and MALONE, JJ., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

MAZZARELLI, J.P.

The subject of this appeal is the future of a five-story multifamily dwelling, located at 330 West 86th Street, between Riverside Drive and West End Avenue. The building presently contains eight apartments. Its current owner, defendant 330 West 86th Street, LLC, allegedly wishes to demolish the premises and construct a high-rise apartment building. Most of the buildings...

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