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In January 1922, the city reacted to complaints about the ongoing replacement of Fifth Avenue's mansions by apartment buildings by restricting the height of future structures to, about half the height of a ten-story apartment building.
Architect J. E. R. Carpenter brought suit, and won a verdict overturning the height restriction in 1923.
Carpenter argued that " the avenue would be greatly improved in appearance when deluxe apartments would replace the old-style mansions.

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