IN THE MATTER OF TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA,
APPELLANT, v. THE CITY OF NEW YORK, ET AL., RESPONDENTS.
82 N.Y.2d 35, 623 N.E.2d 526, 603 N.Y.S.2d 399 (1993).
October 19, 1993
1 No. 169 (1993 NY Int. 200)
Decided October 19, 1993
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Marc P. Cherno, for Appellant.
Elizabeth S. Natrella, for Respondents.
Real Estate Board of New York, Inc.; National Trust for Historic
Preservation in the United States; and Municipal Art Society of New
York, Inc., amici curiae.
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KAYE, CHIEF JUDGE:
At issue on this appeal is the statutory authority of the Landmarks
Preservation Commission to landmark the interior of the Four Seasons
restaurant in Manhattan.
Appellant, Teachers Insurance and Annuity Association of America
("TIAA"), owner of the building that houses the restaurant, argues
that the Commission has exceeded its authority under the New York City
Landmarks Law in that the requisite public openness is lacking; the
designation impermissibly restricts future use of the space; and even
if valid, the designation improperly includes certain interior
furnishings. Concluding that these arguments lack merit, we affirm the
Appellate Division order dismissing appellant's challenges.
I.
In 1959, the Four Seasons restaurant opened on the first two floors of
the newly-constructed Seagram Building on Park Avenue in New York
City. The building, designed by the German architectural master Ludwig
Mies van der Rohe, is the sole example of his work in New York City.
The celebrated American architect Philip Johnson, who assisted Mies
van der Rohe in the building design, created the restaurant interior.
Both the building exterior and the restaurant interior-- which
reflects and complements the building's modular design and
architectural innovation--have been acclaimed as quintessential
SNIPPETS:
THE CITY OF NEW YORK, ET AL., RESPONDENTS.
This opinion is uncorrected and subject to revision before publication in the New York
Marc P. Cherno, for Appellant.
At issue on this appeal is the statutory authority of the Landmarks Preservation Commission
, owner of the building that houses the restaurant, argues that the Commission has exceeded
Concluding that these arguments lack merit, we affirm the Appellate Division order dismissing
the Four Seasons restaurant opened on the first two floors of the newly-constructed Seagram
The celebrated American architect Philip Johnson, who assisted Mies van der Rohe in the
TIAA also agreed to propose the building for landmarking when it became eligible.
Noting the particular architectural features of the restaurant, including its distinctive
ch the public is customarily invited."
Responding to the loss of a number of its more significant buildings, New York City in 1965
In 1973, the Landmarks Law was amended to expand the Commission's jurisdiction by authorizing
As the agency charged with implementing the Landmarks Law, the Commission is presumed to have
Co., 49 NY2d 451, 459).
The distinction between these standards is perhaps best understood by reference to the
An "ordinary commercial space" that has not been dedicated to public use, TIAA argues, cannot
Appellant asserts that the Four Seasons interior has no distinctively public purpose,
But even if we might agree that it would be prudent policy to adopt the distinction appellant
The crux of this provision is customary openness, accessibility, invitation to the
TIAA argues, additionally, that although currently open to restaurant customers, the
Appellant alternatively urges consideration of the legislative history, but points to no
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