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A mid-level appeals court on Thursday reinstated New York University's lawsuit against New York City over a zoning regulation that limited the ways the school could use its spaces in lower Manhattan neighborhoods. NYU filed suit in April 2022, alleging New York City Zoning Resolution § 143-11(a) was unconstitutional and sought to permanently enjoin the city from applying a provision that prohibited prosperity in SoHo and NoHo from being used as dorms or classrooms. Acting Manhattan Supreme Court Justice Gerald Lebovits dismissed the lawsuit in May 2023, finding NYU had no standing to sue but did not address other outstanding arguments. In a four-to-one decision, the First Department remanded the action to the trial court for decision on procedural arguments or allegations of failure to state a claim. Justices Troy Webber, Lizbeth Gonzalez, Saliann Scarpulla and Martin Shulman joined in the majority opinion. Justice Ellen Gesmer authored the dissent.

New York

August 08, 2024, 5:06 PM