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MENDEL v. HENRY PHIPPS PLAZA WEST, INC.

6 N.Y.3d 783 (2006)

844 N.E.2d 748

811 N.Y.S.2d 294

SYLVIA MENDEL et al., Plaintiffs, and BIRJEES BARAKAT et al., Appellants, v. HENRY PHIPPS PLAZA WEST, INC., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 9, 2006.

Attorney(s) appearing for the Case

Thomas C. Monaghan, Broad Channel, for appellants.

Kramer Levin Naftalis & Frankel LLP, New York City (Michael J. Dell and Jeffrey L. Braun of counsel), for respondents.

Council of the City of New York, New York City (Jeffrey Haberman and Jay Damashek of counsel), amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur; Judge READ taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

In 1964, the City of New York adopted an Urban Renewal Plan for an area known as Bellevue South, from East 23rd to East 30th Streets in Manhattan, between First and Second Avenues. The plan, promulgated under title I of the Housing Act of 1949, provided for acquisition through condemnation of most of the land within the project area, and redevelopment...

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