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Owners appeal court ruling.


The owners of the Chatsworth, a 101-year-old, landmarked building on West 72nd Street in Manhattan, have appealed a March 5 ruling in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State Supreme Court that could allow The Trump Organization The Trump Organization is the primary company of Donald Trump, a prominent American real estate developer. Trump is the current CEO of the company. The company oversees nearly all of the business development interests of Donald Trump, such as real estate, hotels, golf clubs, etc.  to complete the sixth tower of the $3 billion Riverside South
For Donald Trump's Riverside South development in New York City see: Trump Place
''For Riverside South in London, Canary Wharf, see: Riverside South (Canary Wharf)


Riverside South
 project within inches of their windows.

By building large portions of the 31-story, luxury tower as close as three inches from the Chatsworth, attorneys for the Chatsworth say that blocked windows on the building's west side will deprive de·prive
v.
1. To take something from someone or something.

2. To keep from possessing or enjoying something.
 tenants in 47 apartments of their legal right to air and light for 113 windows in 86 rooms.

The Chatsworth is an historic, Beaux-Arts apartment house located at 344 West 72nd St.

A notice of appeal was filed April 7 by the Davidoff & Malito law firm, asserts that the Chatsworth owns a three-foot-wide retaining wall situated just west of the building, as well as airspace above the wall. The Riverside South structure is to be built immediately on top of this retaining wall as part of an emerging high-rise that would stand between three and 48 inches away.

The March 5 ruling was made by Acting Justice Diane A. Lebedeff.

"We have known all along that this case would be decided in the Appellate Division In several jurisdictions, the Appellate Division is the name of a court, or division of a court, that hears appeals from lower courts.
  • For the Appellate Division of the New York State Supreme Court, see New York Supreme Court, Appellate Division.
, and we expect to win there," said Robert S Robert, Henry Martyn 1837-1923.

American army engineer and parliamentary authority. He designed the defenses for Washington, D.C., during the Civil War and later wrote Robert's Rules of Order (1876).

Noun 1.
. Nelson, president of Nelson Management Group, the building's property manager. "What is remarkable is that the Trump Organization continues to build at risk. New Yorkers recognize that there is strong precedent for a court to require a builder to undo construction work that was improperly performed. An Appellate victory would force the Trump Organization to do just that."

At the turn of the last century, the New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 Buildings Department issued a permit for the construction of the Chatsworth with the understanding that numerous rooms required the light and air that was afforded the building on its west facade, which at the time adjoined a large rail yard on Manhattan's West Side. The Chatsworth lawsuit asserts that approval of the Trump building conflicts with the permits and certificates of occupancy issued by the city for the Chatsworth over the course of the last century.

"If the city approves the Trump building, many of our apartments will lose access to light and air," said Richard Seader, president of the Chatsworth Tenants' Association, which intends to intervene in the owner's appeal.

"A building three inches away from our fire escapes also poses a serious safety problem. If there were a fire near our windows, people would be unable to escape. With flames and smoke that could only go up and down the side of the building, residents could easily lose their lives."

A 13-story structure, the 148-unit Chatsworth was designated as an historic landmark about 20 years ago by the New York City Landmarks Preservation Commission The New York City Landmarks Preservation Commission is the New York City agency charged with administering New York's Landmarks Preservation Law.

New York City's first landmarks legislation was enacted in 1965, prompted by the demolition of the original Pennsylvania Station,
.
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Title Annotation:The Trump Organization
Publication:Real Estate Weekly
Geographic Code:1USA
Date:Apr 30, 2003
Words:471
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