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520 E 81ST ST ASSOC v. STATE

19 A.D.3d 24 (2005)

799 N.Y.S.2d 1

520 EAST 81ST STREET ASSOCIATES, Appellant, v. STATE OF NEW YORK, Respondent.

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

April 19, 2005.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York City (Gary M. Rosenberg and Jeffrey Turkel of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan and Peter H. Schiff of counsel), for respondent.

TOM, J.P., SULLIVAN, ELLERIN and NARDELLI, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Over a decade ago, it was determined that the Legislature's enactment of chapter 940 of the Laws of 1984 constituted a regulatory taking by the State of apartment building units leased to Lenox Hill Hospital for sublease to the hospital's employees (see Manocherian v Lenox Hill Hosp., 84 N.Y.2d 385 [1994]). Claimant was among the apartment...

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