1025 Fifth Avenue, Inc. v. Marymount School of New York

123 Misc. 2d 756 (1983)

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1025 Fifth Avenue, Inc. v. Marymount School of New York

New York Supreme Court
123 Misc. 2d 756 (1983)

  • Written by Jody Stuart, JD

Facts

Marymount School (Marymount) (defendant) occupied three buildings in the Metropolitan Museum Historic District. The New York City Landmarks Preservation Commission (commission) (defendant) had aesthetic jurisdiction over buildings in the historic district. Marymount’s buildings were not designated landmarks. 1025 Fifth Avenue, Inc. (1025) (plaintiff) owned two apartment buildings adjacent to Marymount’s buildings. Marymount applied to the commission for permission to build a rooftop gymnasium, which would allow the school to provide physical-education classes on-site. The commission granted permission to Marymount and issued a notice to proceed. Subsequently, 1025 filed a petition for an Article 78 proceeding to challenge the commission’s actions. 1025 alleged that the commission lacked authority to issue the notice to proceed because the relevant statute provided the commission with authority to rule on the demolition of non-landmark buildings in historic districts but not on alterations to such buildings.

Rule of Law

Issue

Holding and Reasoning (Greenfield, J.)

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