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SAVE AMERICA'S v. CITY OF NY

101109/15, 3422.

157 A.D.3d 133 (2017)

66 N.Y.S.3d 252

2017 NY Slip Op 08457

In the Matter of SAVE AMERICA'S CLOCKS, INC., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 30, 2017.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Diana Lawless and Devin Slack of counsel), for City of New York and others, appellants.

Kramer Levin Naftalis & Frankel LLP, New York City ( Jeffrey L. Braun and Catherine L. Hoge of counsel), for Civic Center Community Group Broadway LLC, appellant.

Hiller, PC, New York City ( Michael S. Hiller and Jason E. Zakai of counsel), for respondents.

ACOSTA, P.J., and KAPNICK, J., concur with GESMER, J.; KAHN, J., dissents in a separate opinion in which TOM, J., concurs.

OPINION OF THE COURT

This case marks the first time a New York City property owner has asked to convert an interior landmark into a private residence. The decision by the Landmarks Preservation Commission (LPC) that petitioners seek to overturn would permit the owner, who purchased the property subject to the landmark designation...

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