MTR OF COMMITTEE v. AMSTERDAM

Index No. 157273/19. Appeal No. 12658. Case No. 2020/01872.

194 A.D.3d 1 (2021)

144 N.Y.S.3d 1

2021 NY Slip Op 01228

In the Matter of COMMITTEE FOR ENVIRONMENTALLY SOUND DEVELOPMENT et al., Respondents, v. AMSTERDAM AVENUE REDEVELOPMENT ASSOCIATES LLC et al., Appellants.

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

Decided March 2, 2021.


Attorney(s) appearing for the Case

Selendy & Gay PLLC, New York City ( Caitlin J. Halligan , Michael P. Duke and Ryan W. Allison of counsel), Herrick, Feinstein LLP, New York City ( Scott E. Mollen and Ross L. Hirsch of counsel), and Kramer Levin Naftalis & Frankel LLP, New York City ( Paul D. Selver and James P. Power of counsel), for Amsterdam Avenue Redevelopment Associates LLC, appellant.

James E. Johnson , Corporation Counsel, New York City ( Barbara Graves-Poller , Richard Dearing , Claude S. Platton and Eric Lee of counsel), for New York City Board of Standards and Appeals and another, appellants.

Emery Celli Brinckerhoff Abady Ward & Maazel LLP, New York City ( Richard D. Emery , Katherine Rosenfeld and Samuel Shapiro of counsel), and Charles Weinstock , Brooklyn, for respondents.

Zetlin & De Chiara LLP, New York City ( Michael S. Zetlin and Max Rayetsky of counsel), for New York Building Congress, Inc., amicus curiae.

Sidley Austin LLP, New York City ( Eamon P. Joyce , Qais Ghafary and Patricia Butler of counsel), for The Real Estate Board of New York and another, amici curiae.

KAPNICK, J.P., MAZZARELLI and KENNEDY, JJ., concur.


OPINION OF THE COURT

We are asked on this appeal to decide whether it was proper for Supreme Court to annul the determination by respondent Board of Standards and Appeals (BSA) to approve a new 55-story condominium building at 200 Amsterdam Avenue (the building) on the Upper West Side...

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