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MUN. ART v. CITY OF NY

137 Misc.2d 832 (1987)

In the Matter of the Municipal Art Society of New York et al., Petitioners, v. City of New York et al., Respondents. Kathleen Haskin et al., Petitioners, v. Edward I. Koch, as Mayor of the City of New York and Chairperson of the Board of Estimate of the City of New York, et al., Respondents.

Supreme Court, New York County.

December 7, 1987

Attorney(s) appearing for the Case

Teitelbaum & Hiller for Municipal Art Society of New York and others, petitioners. New York Lawyers for Public Interest, Inc., for Kathleen Haskin and others, petitioners. Patterson, Belknap, Webb & Tyler for Metropolitan Transportation Authority and another, respondents. Peter L. Zimroth, Corporation Counsel, for City of New York and others, respondents.

EDWARD H. LEHNER, J.

The threshold issue on the pending motions in the above-entitled proceedings (which are herewith consolidated for disposition) is whether the contract for the sale of the Coliseum site was illegal by reason of the inclusion of a provision for a $57 million reduction in the purchase price in the event the developer is denied a bonus permitting an increase in the allowable floor area for...

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