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WESTCHESTER CR. v. NYC SCHOOL

98 N.Y.2d 298 (2002)

774 N.E.2d 749

746 N.Y.S.2d 684

In the Matter of WESTCHESTER CREEK CORPORATION, Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 2002.

Attorney(s) appearing for the Case

Reed Smith LLP, New York City (Gil Feder of counsel), for appellant.

Blank Rome Tenzer Greenblatt LLP, New York City (James G. Greilsheimer, Eric Webster Nerenberg and Cynthia B. Lovinger of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

Petitioner Westchester Creek Corporation (WCC) commenced this proceeding in the Appellate Division pursuant to Eminent Domain Procedure Law § 207 to annul School Construction Authority's (SCA) determination to condemn its leasehold interest in property (Lot 70) located in the Bronx and owned by the City of New York. In 1976, the City leased Lot 70, as well as six other...

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