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GOODSTEIN CORP v. CITY OF NY

80 N.Y.2d 366 (1992)

Goodstein Construction Corp., Dic-Underhill Industries and Milstein Properties, a Joint Venture, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1992.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City, New York City (Barry P. Schwartz and Fay Leoussis of counsel), for appellant.

Stroock & Stroock & Lavan, New York City (Charles G. Moerdler, Laurence Greenwald, Elizabeth A. Mullins and Amanda F. Shechter of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE and BELLACOSA concur; Judge SMITH taking no part.

HANCOCK, JR., J.

This action for damages against the City of New York arises from the termination of plaintiff's exclusive right to negotiate the terms and conditions of a contemplated land disposition agreement (LDA) for two sites in the Washington Street Urban Renewal Area. In a prior appeal, we affirmed the denial of the City's motion to dismiss the complaint as insufficient on its face under CPLR 3211 (a...

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