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ZIEMBA v. CITY OF TROY

37 A.D.3d 68 (2006)

827 N.Y.S.2d 322

In the Matter of RUSSELL ZIEMBA, as President of the HISTORIC ACTION NETWORK, et al., Respondents, v. CITY OF TROY et al., Respondents, and GEORGE WESTON BAKERIES, INC., et al., Appellants.

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

December 21, 2006.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, L.L.P., Albany (Jonathan P. Nye of counsel), for appellants.

Stephen F. Downs, Selkirk, for Russell Ziemba and others, respondents.

CARDONA, P.J., SPAIN, CARPINELLO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

Respondents Freihofer Sales Company and George Weston Bakeries, Inc. (hereinafter collectively referred to as respondents) have owned the Freihofer Bakery Building and the Riverside Club in the City of Troy, Rensselaer County, for approximately 70 years. The buildings have been unoccupied since 1999 and, following several failed attempts to sell the property, respondents contracted to demolish the buildings. After respondents...

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