Opinion
Argued October 6, 1993
Decided November 22, 1993
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Beverly S. Cohen, J.
O. Peter Sherwood, Corporation Counsel of New York City (Fay Leoussis and Leonard Koerner of counsel), for appellants.
Tenzer, Greenblatt, Fallon Kaplan, New York City (James G. Greilsheimer of counsel), and Berle, Kass Case, New York City (Robert S. Davis of counsel), for John M. Rudey and another, respondents.
Richard I. Wolff, New York City, for 1030 Fifth Avenue Corporation, respondent.
Douglas N. Cogen, New York City, for Municipal Art Society of New York, Inc., amicus curiae.
Order affirmed, with costs. It was arbitrary and capricious in the circumstances presented for the Landmarks Preservation Commission to differentiate between two residents in the same building in setting the timetable for replacement of nonconforming windows in both units.
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and LEVINE. Taking no part: Judge SMITH.