UES couple sues Duane Reade over view-blocking HVAC installation plans

June 07, 2013 04:00PM

An Upper East Side couple has filed a lawsuit against drug store Duane Reade and their building’s co-op board over the planned installation of an 8-foot-high air conditioning unit, claiming it will block their duplex’s view, the New York Post reported. Moreover, the air conditioner, which would be located just outside the couple’s home, would allegedly hurt the property’s value.

Architect Yaira Singer and financial adviser Matthew Binstock are seeking $5 million in damages and a court ruling blocking the installation of the venting system. They Claim That Their 401 East 86th Street apartment “will be compromised as to safety and security, obstruction of views, vibration, subjected to excessive noise, possible air pollution and other toxic emissions, all of which constitute a nuisance,” the suit reads.

The couple, who are expecting their third child, were reportedly close to receiving permission for turning the Duane Reade roof – where the venting system is slated to be installed — into their own personal space.

“No shareholder has a right to absolute silence,” Stuart Saft, an attorney at Holland & Knight who represents the co-op board, said in court papers.

Duane Reade declined the Post’s request for comment. [NYP]Zachary Kussin