30 E. 33rd St. Realty LLC v. PPF Off Two Park Avenue Owner, LLC

Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 3, 2012, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

In 1927, defendant’s predecessor in interest built a taller building on property adjoining plaintiffs building. Defendant’s predecessor in interest also extended plaintiffs chimney, in order to bring plaintiffs existing chimney into compliance with the height requirements of the then applicable Building Code. In 1968, the Building Code was amended and, for the first time, required the owner of a taller, later-built…