Cannon Point North, Inc. v. City of New York

*862Plaintiffs Cannon Point North, Inc. and Cannon Point South, Inc. are the owners of apartment buildings located respectively at 25 and 45 Sutton Place South. Part of the buildings rest upon a platform above FDR Drive between East 54th Street and East 56th Street. The platform consists of two horizontal concrete slabs and steel columns encased in concrete; the upper slab forms the bottom of the buildings, while the lower slab forms the ceiling over FDR Drive. This structure allows the buildings to sit atop FDR Drive with vehicular traffic passing underneath.

At issue in these actions,…