WESTCHESTER CR v. NYC SCHOOL


286 A.D.2d 154 (2001)

730 N.Y.S.2d 95

WESTCHESTER CREEK CORPORATION, Petitioner, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent.

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

September 13, 2001.


Attorney(s) appearing for the Case

Gil Feder of counsel (Donald N. David and Michele C. Cerullo on the brief; Fischbein Badillo Wagner Harding, attorneys), for petitioner.

James G. Greilsheimer of counsel (Shari B. Kibel and Eric Webster Nerenberg on the brief; Blank Rome Tenzer Greenblatt, L. L. P., attorneys), for respondent.

NARDELLI, J. P., TOM, MAZZARELLI and MARLOW, JJ., concur.


OPINION OF THE COURT

RUBIN, J.

At issue in this proceeding is whether property acquired for public use in connection with an urban development project can subsequently be condemned for use as a public school. The parties have cited no authority directly on point, and this Court entertains the matter as a case of first impression.

Petitioner Westchester Creek Corporation is the tenant of a portion of the...

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