GRA V, LLC v. SRINIVASAN


55 A.D.3d 58 (2008)

862 N.Y.S.2d 358

In the Matter of GRA V, LLC, et al., Appellants, v. MEENAKSHI SRINIVASAN et al., Respondents.

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

July 29, 2008.


Attorney(s) appearing for the Case

Sheldon Lobel, P.C., New York City (Richard Lobel and Jordan Most of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Victoria Scalzo, Stephen J. McGrath and Virginia Waters of counsel), for respondents.

FRIEDMAN and MOSKOWITZ, JJ., concur with BUCKLEY, J.; ANDRIAS, J.P., and MCGUIRE, J., dissent in a separate opinion by MCGUIRE, J.


OPINION OF THE COURT

BUCKLEY, J.

Petitioner GRA V, LLC (Owner) acquired two adjoining lots with the intention of developing a seven-story, 63-unit apartment building in an area that consisted mostly of detached one- and two-family homes, but was zoned R6, which allows medium density housing, i.e., buildings up to 12 stories. Residents of the area opposed the project, claiming that it would "destroy the character of the . . . neighborhood," and a race ensued...

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