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EXPRESS INDUSTRIES GROUP, INC. v. CITY OF NEW YORK

4 A.D.3d 197 (2004)

772 N.Y.S.2d 54

EXPRESS INDUSTRIES GROUP, INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

February 19, 2004.

We reject plaintiff's claim that the pier was safe and that the vacate order issued by the City was a pretext to avoid the previously issued Yellowstone injunction designed to assure plaintiff's possession of the pier pending the action. The City's determination to issue the vacate order was rationally based on the report of its engineer that the pier was in danger of collapse and posed an immediate threat to public safety (see East 13th St. Homesteaders' Coalition...

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