DIME SAV. BANK v. PESCE


217 A.D.2d 299 (1995)

636 N.Y.S.2d 747

Dime Savings Bank of New York, F.S.B., Respondent, v. Michael Pesce, Also Known as Michael A. Pesce, Defendant, Board of Managers of the Hudson View West Condominium, Respondent, and Battery Park City Authority, Intervenor-Appellant

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

December 28, 1995


Attorney(s) appearing for the Case

Paul T. Williams, Jr., of counsel, New York City (Robert R. Reed and Emily M. Berkowitz on the brief; William & Harris, attorneys), for intervenor-appellant.

Michael P. Amodio of counsel, Uniondale (Douglas E. Barzelay, attorney), for Dime Savings Bank of New York, F.S.B., respondent.

Carol W. Duffy of counsel, New York City (James E. Schwartz on the brief; Carb, Luria, Glassner, Cook & Kufeld, L. L. P., attorneys), for Board of Managers of the Hudson View West Condominium, respondent.

RUBIN, ASCH, WILLIAMS and MAZZARELLI, JJ., concur.


ROSENBERGER, J. P.

The Battery Park City Authority (BPCA), a public benefit corporation created to develop a commercial and residential community known as Battery Park City, is the fee owner and lessor of a 92-acre tract of land on the lower West Side of Manhattan. For flexibility in the administration of this intended community, BPCA subdivided portions of this property and leased it, under long-term ground...

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