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STAHL YORK AVE. v. CITY OF NY

107666/07, 2119

76 A.D.3d 290 (2010)

905 N.Y.S.2d 37

In the Matter of STAHL YORK AVENUE COMPANY LLC, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 24, 2010.

Attorney(s) appearing for the Case

Macht, Shapiro, Arato & Isserles LLP, New York City ( Alexandra A.E. Shapiro and Marc E. Isserles of counsel), Latham & Watkins LLP, New York City ( James E. Brandt and Sarah M. Lightdale of counsel), and Kramer Levin Naftalis & Frankel LLP, New York City ( Paul D. Selver and Jeffrey L. Braun of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Elizabeth I. Freedman , Leonard Koerner and Virginia Waters of counsel), for respondents.

Vicki Been , New York City, amicus curiae.

TOM, J.P., ANDRIAS, FRIEDMAN and CATTERSON, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

At issue is the propriety of the City Council's recent designation of landmark status to two buildings which in 1990 the Board of Estimate (the Council's predecessor in matters of landmark designation) had chosen not to declare landmarks. Inasmuch as we conclude that the Council acted rationally, we affirm the dismissal of the CPLR article 78 petition brought by the property owner.

On April 24, 1990, the New York...

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