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IN RE LANGHAM MANSIONS, LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

2513, 111188/08.

2010 NY Slip Op 06551

IN RE LANGHAM MANSIONS, LLC, Petitioner-Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent, 135 CENTRAL PARK WEST TENANT'S ASSOCIATION, Intervenor-Respondent.

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

Decided September 14, 2010.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler Nahins & Goidel, P.C., New York (Robert D. Goldstein of counsel), for appellant.

Gary R. Connor, New York (Jeffrey G. Kelly of counsel), for municipal respondent.

Himmelstein McConnell Gribben Donoghue & Joseph, New York (David S. Hershey-Webb of counsel), for 135 Central Park West Tenant's Association respondent.

Before: Andrias, J.P., Saxe, Catterson, Freedman, Abdus-Salaam, JJ.

In this article 78 proceeding, petitioner Langham Mansions LLC ("the owner") undertook an extensive project to replace more than 860 oversized and non-standard windows in its landmark apartment building located at Central Park West, between 73rd and 74th Streets, Manhattan. The building comprises 59 apartments, 19 of which are subject to rent regulation.

The owner received approval from the Landmarks Preservation Commission to replace the existing windows. In June...

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