An Upper East Side co-op board filed a lawsuit against the MTA, alleging that the first phrase design of the project would block the windows of eight co-op buildings and is not what the MTA originally outlined in the 2004 Final Environmental Impact Statement. The windows would be blocked by eight structures that may tower up to 100 feet. A representative for the MTA noted that the design of the eight structures fit within the zoning and that the 1994 design was just a representation.