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MATTER OF LANDMARK WEST! INC. v. NEW YORK CITY BD. OF STDS. AND APPEALS

Index No. 160565/20. Appeal No. 15811-15811A. Case No. 2021-02808. 2021-04423.

204 A.D.3d 608 (2022)

165 N.Y.S.3d 308

2022 NY Slip Op 02872

In the Matter of Landmark West! Inc., Appellant, v. New York City Board of Standards and Appeals et al., Respondents.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Klein Slowik PLLC, New York (Mikhail Sheynker of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Philip W. Young of counsel), for New York City Board of Standards and Appeals and New York City Department of Buildings, respondents.

Cyrulnik Fattaruso LLP, New York (Jason Cyrulnik of counsel), for Extell Development Company and West 66th Sponsor LLC, respondents.

Concur—Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.

BSA rationally relied on its precedent in 15 East 30th Street (BSA Resolution, calendar No. 2016-4327-A [Sept. 20, 2017]; Bulletin of NY City Bd of Stds & Appeals, vol 102, No. 39 at 682 [Sept. 27, 2017]) to find that when this project vested in 2019, NY City Zoning Resolution § 12-10 did not provide a basis for rejecting Extell's floor space deductions for mechanical equipment (see Matter of City Club of N.Y. v New York City Bd. of Stds. & Appeals, 198...

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