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CITY OF NEW YORK v. L.J.W.P. REALTY CO.

250 A.D.2d 450 (1998)

673 N.Y.S.2d 632

City of New York, Respondent, v. L.J. W.P. Realty Co. L. L. C., Appellant, et al., Defendants

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

May 19, 1998

It was error for the IAS Court to include Lot 5 located at 133 Third Avenue within the order directing a sale. The Stipulation of Settlement and the Order dated October 19, 1990 referred only to the residential buildings known as the Sahara Hotel located at 125 to 131 Third Avenue, which does not include Lot 5.

Moreover, the motion court did not have authority to direct an auction sale of the property. Outside the power...

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