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SUPREME OIL CO. v. METROPOLITAN TRANSP. AUTHORITY

No. 97-9581.

157 F.3d 148 (1998)

SUPREME OIL COMPANY, Plaintiff-Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY, Metro-North Commuter Rail Division and New York City Transit Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 5, 1998.

Attorney(s) appearing for the Case

Leo J. Kimmel, Brooklyn, NY, for Plaintiff-Appellant.

Anthony P. Semancik, New York City for Defendants-Appellees.

Before: KEARSE, Circuit Judge and BRIEANT and JOHNSON, District Judges

PER CURIAM:

I.

In 1979 the City of New York, on behalf of the New York City Transit Authority ("NYCTA"), condemned Supreme Oil Company's ("Supreme") Queens, New York, factory as part of a project to construct a new subway line. Supreme searched for a site to relocate its business, and eventually purchased the lot at 80 South Dean Street in Englewood, New Jersey ("Lot 2"), to which Supreme moved in 1981.

The subway project that forced the condemnation...

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