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JO & WO REALTY v. NY CITY

157 A.D.2d 205 (1990)

Jo & Wo Realty Corporation, Appellant-Respondent, v. City of New York et al., Respondents, and Boston Properties et al., Respondents-Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 8, 1990

Attorney(s) appearing for the Case

Kenneth G. Schwarz of counsel (Richard S. Fischbein and Deborah J. Lotcizer with him on the brief; Fischbein Badillo Schwarz Barer Wiener Gruskin & Lederman, attorneys), for appellant-respondent.

Elizabeth Dvorkin of counsel (Alexandra Altman with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for respondents.

Robert P. LoBue of counsel (Paterson, Belknap, Webb & Tyler, attorneys), for Metropolitan Transit Authority and another, respondents-appellants.

Steven E. Landers of counsel (Robert A. Atkins and Beth Herstein with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Boston Properties, respondents-appellants.

KUPFERMAN and CARRO, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and ROSENBERGER, J., dissent in an opinion by ROSENBERGER, J.

SULLIVAN, J.

This appeal presents the question of whether the municipal defendants, the City of New York and its Mayor, are prohibited from selling the site of the obsolete New York Coliseum without competitive bidding. At issue is a plan, seemingly consistent with both the current economic needs of the city and State and the historical origins of the site area, to redevelop the Coliseum site.

The City...

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