Rudey v. Landmarks Preservation Commission

Smith, J. (dissenting).

The order and judgment (one paper)

of the Supreme Court which denied petitioners’ application pursuant to CPLR article 78 challenging respondent’s directive that they restore the windows in their apartment to their original condition and dismissed the petition should be affirmed. I, therefore, dissent.

The facts of this case are set out in detail at 137 AD2d 238 and they will not be repeated here. In that decision this court rejected the contention of the respondents that the individual *65petitioners, shareholders in a cooperative apartment and lessees of the apartment in…