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N.Y. Developer Must Tear Down 12 Stories of Tower, Court Says

February 09, 1988|Associated Press

ALBANY, N.Y. — A New York City developer must tear down the top 12 stories of an unfinished 31-story apartment building that was built taller than zoning regulations allowed, the state's highest court ruled today.

The city had originally given the developer permission for the $7.2-million tower after relying, as had the developer, on a faulty city zoning map.

New York state Court of Appeals Judge Joseph Bellacosa said that even if there was a mistake by the city, "reasonable diligence" by a "good-faith inquirer" would have uncovered the true zoning rules.

The appeals court unanimously agreed with lower court rulings that Parkview Associates violated a special zone with construction of the unfinished building on Manhattan's Upper East Side.

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