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IN THE MATTER OF WASHINGTON MUTUAL v. METROPOLITAN TRANSPORTATION AUTHORITY

16 A.D.3d 307 (2005)

792 N.Y.S.2d 414

In the Matter of WASHINGTON MUTUAL, F.A., as Successor in Interest to HOME SAVINGS OF AMERICA, FSB, as Successor in Interest to BOWERY SAVINGS BANK, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY, Respondent.

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

March 29, 2005.

The parcel in question was part of the basement of a one-story bank building adjacent to Pennsylvania Station on the west side of Seventh Avenue between West 33rd and West 34th Streets owned by claimant-appellant's predecessor in interest, the Bowery Savings Bank. Since September 12, 1968, the bank leased from the Penn Central Company, the Metropolitan Transportation Authority's (MTA) predecessor in interest, certain space (designated parcel 6B in this proceeding) on the...

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