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MATTER OF CITY OF NY (GRAND LAFAYETTE)

6 N.Y.3d 540 (2006)

847 N.E.2d 1166

814 N.Y.S.2d 592

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.

Court of Appeals of the State of New York.

Decided April 4, 2006.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City (Jack M. Weiss, Randy M. Mastro, Cynthia S. Arato and Megan A. Burns of counsel), and Blank Rome LLP (James G. Greilsheimer of counsel) for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen and Joseph Bavuso of counsel), for respondent.

Kramer Levin Naftalis & Frankel LLP, New York City (Jeffrey L. Braun and Kerri B. Folb of counsel), for Real Estate Board of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

The City of New York brought this eminent domain vesting proceeding to acquire a parcel of real property for use in a public improvement project involving the City's water system. Because the landowner failed to timely challenge the taking in a CPLR article 78 proceeding, we conclude that its excessive taking claim is time-barred. We therefore affirm the grant of the petition...

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