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MATTER OF URBAN DEV. CORP.

193 Misc.2d 290 (2002)

749 N.Y.S.2d 122

In the Matter of NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Petitioner, Relative to Acquiring Title to Real Property for a Land Use Improvement Project Known as 42ND STREET DEVELOPMENT PROJECT—SITE 8 SOUTH.

Supreme Court, New York County.

August 16, 2002.

Attorney(s) appearing for the Case

Davis Polk & Wardwell (Guy Miller Struve of counsel), for West 41st Street Realty LLC, respondent.

Goldstein, Goldstein, Rikon & Gottlieb (M. Robert Goldstein and Michael Rikon of counsel), for 632 Eighth Ave.

Associates, LLC, and others, respondents.

Carter, Ledyard & Milburn (John R. Casolaro and Susan B. Kalib of counsel), for petitioner.

OPINION OF THE COURT

MARTIN SCHOENFELD, J.

Petitioner New York State Urban Development Corporation, doing business as Empire State Development Corporation (condemnor), commenced this Eminent Domain Procedure Law § 401 proceeding to acquire title to the real property located between 40th and 41st Streets immediately east of Eighth Avenue, running about halfway toward Seventh Avenue, in New York City (the site). Condemnor seeks the land for its 42nd Street...

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