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CHAMBERLAIN TRUST v. LITKE

134 Misc.2d 677 (1987)

In the Matter of the Mary Chamberlain Trust, Petitioner, v. Robert M. Litke, as Commissioner of the New York City Department of General Services, Respondent.

Supreme Court, Queens County.

February 5, 1987

Attorney(s) appearing for the Case

Santemma & Murphy, P. C. (James M. Murphy and L. Kevin Sheridan of counsel), for petitioner. Frederick A. O. Schwarz, Jr., Corporation Counsel (Joseph I. Lauer, Robert Pfeffer and Ron Kaplan of counsel), for respondent.

ARTHUR W. LONSCHEIN, J.

This motion to dismiss the petition is granted, and the petition is dismissed.

The petition concerns a certain parcel of land taken by the City of New York under its powers of eminent domain in 1971, pursuant to the Condemnation Act. The project for which the land was taken appears to have been abandoned in or about 1980. The city now seeks to conduct an auction of a leasehold interest in the land. Petitioner, the former...

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