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PEYTON v. NEW YORK CITY BD.

No. 88.

36 N.Y.3d 271 (2020)

164 N.E.3d 253

140 N.Y.S.3d 447

2020 NY Slip Op 07662

In the Matter of RANDY PEYTON, on Behalf of the ESTATE OF MAGGI PEYTON, Deceased, Respondent, and HILLEL HOFFMAN et al., Intervenors-Respondents, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Appellants.

Court of Appeals of New York.

Decided December 17, 2020.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York City ( Jonathan Popolow , Richard Dearing and Devin Slack of counsel), for New York City Board of Standards and Appeals, appellant.

Bryan Cave Leighton Paisner LLP, New York City ( Philip E. Karmel of counsel), for PWV Acquisition, LLC, appellant.

Greenberg Traurig, LLP, Albany ( Henry M. Greenberg , Harold N. Iselin , Steven C. Russo and Kelly L. McNamee of counsel), for Jewish Home Lifecare, Inc., appellant.

John R. Low-Beer , Brooklyn, for respondent and intervenors-respondents.

Akerman LLP, New York City ( Richard G. Leland and Kristen G. Niven of counsel), for The Real Estate Board of New York, Inc., amicus curiae.

Orrick, Herrington & Sutcliffe LLP, New York City ( J. Peter Coll, Jr. , Matthew Shahabian and Rene Kathawala of counsel), for Public School 163 Leadership Team and another, amici curiae.

OPINION OF THE COURT

The question before us is whether an area must be accessible to the residents of every building on a zoning lot containing multiple, separately owned buildings in order to constitute "open space" within the meaning of the New York City Zoning Resolution, following amendments to the statute in 2011. The...

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