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IN THE MATTER OF CITY OF NEW YORK

18 A.D.3d 342 (2005)

795 N.Y.S.2d 229

In the Matter of CITY OF NEW YORK, Respondent, Relative to Acquiring Title to Certain Real Property for the Construction of the Third Water Tunnel, Shaft 30B. GRAND LAFAYETTE PROPERTIES LLC, Appellant.

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

May 24, 2005.

The affidavit in support of the City's petition sufficiently demonstrates that acquisition of the site in its entirety in fee simple absolute is not in excess of the taking required for public purposes (cf. Hallock v State of New York, 32 N.Y.2d 599, 605 [1973]; Matter of Rafferty v Town of Colonie, 300 A.D.2d 719, 723 [2002]). A complex construction...

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