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Despite N.Y.'s Error, It's Still Too Tall

February 10, 1988|Associated Press

ALBANY, N.Y. — A developer must lop the top 12 stories off a Manhattan apartment building that violates zoning regulations, even though a faulty city zoning map led to the error, the state's highest court ruled Tuesday.

The city gave the developer permission to build the unfinished 31-story tower after relying, as had the developer, on a faulty city zoning map.

Judge Joseph Bellacosa, writing for the Court of Appeals, 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 Court of Appeals unanimously agreed with lower court rulings that Parkview Associates of Queens violated a special zone with construction of the $7.2-million building on Manhattan's Upper East Side.

The building permit was revoked after a neighborhood group pointed out the error.

Jeffrey Braun, lawyer for Parkview, said: "We will pursue the variance application we have pending before the New York City Board of Standards and Appeals."

Braun said the company would "consider other remedies," but would not be more specific. He estimated it would cost the company $10 million to tear down the 12 stories.

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