Landlord Can't Replace Tenement with 28-Story Tower

Landlord sued the City of New York after the city ruled that two early 20th century tenement buildings that landlord owned on York Avenue were landmarks. The court ruled against landlord. Recent construction work begun on the buildings hadn't changed their size, shape, or "footprint." Although landlord had installed new windows and made some other changes, the buildings were still six-story light-court tenement buildings with many windows and without courtyard entrances. The buildings were still also recognizable as part of the First Avenue Estate complex, a block of historic, well-designed tenements built in the early 1900s. Landlord's plan to construct a 28-story tower at the site would have been contrary to the historical significance of the Estate project, which maximized light and air. The city's decision was reasonable

Stahl York Ave. Co. LLC v. City of New York: NYLJ, 9/29/08, p. 18, col. 1 (Sup. Ct. NY; Goodman, J)