Summary
affirming the dismissal of a tenant's challenge to the City Planning Commission's approval of the landlord's plans to modify a building on the ground of lack of standing because the grievance was, in fact, a business dispute between the landlord and tenant that was the subject of other lawsuits
Summary of this case from Stuttering Found., Inc. v. Glynn Cnty.Opinion
January 13, 1994
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
While a presumption of standing exists since plaintiff is a tenant at 550 Madison Avenue, said presumption was rebutted under the circumstances (Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, 69 N.Y.2d 406, 413-414). Plaintiff's alleged injury to its business and economic interests as a result of the owner's plans to renovate the public plaza at 550 Madison Avenue, the former headquarters of A T T, and the alleged negative impact the plans will have on the public in general, do not satisfy the requirement that the injuries be within the zone of interests which the environmental and zoning legislations address (supra; Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761). Indeed, the record reveals that plaintiff's real grievances are outside the scope of the relevant environmental and zoning regulations and concern its business relations with its landlord, which are the subject of other lawsuits.
Plaintiff's reliance on Matter of Har Enters. v. Town of Brookhaven ( 74 N.Y.2d 524) is misplaced. Unlike Har, the plaintiff here is not owner of the affected property, and the dismissal of this action will not insulate the agency's decision from judicial review as there are others in this crowded business district affected by CPC's action.
Concur — Murphy, P.J., Sullivan, Rosenberger and Wallach, JJ.