A Manhattan Supreme Court justice declined to block a transfer of air rights over the Art Students League of New York’s historic building on West 57th Street, enabling construction of a 1,440 foot-high luxury residential tower.

More than 200 members of the non-profit organization had challenged the $31.8 million deal, in which the league’s board of directors sold 6,000 square feet of additional air rights to Extell Development to build the tower, which would cantilever over the adjacent landmark American Fine Arts Building owned by the league.