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CANNON POINT v. CITY OF N.Y.

46 A.D.3d 146 (2007)

843 N.Y.S.2d 51

CANNON POINT NORTH, INC., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

October 9, 2007.

Attorney(s) appearing for the Case

Bracewell & Giuliani, LLP, New York City (Daniel S. Connolly, Rachel B. Goldman and Daniel S. Meyers of counsel), and Law Offices of Michael B. Wolk for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (John Hogrogian, Pamela Seider Dolgow, Robin Green and Paula Van Meter of counsel), for municipal respondents.

Andrew M. Cuomo, Attorney General, New York City (David Lawrence III and Robert H. Easton of counsel), for state respondents.

MAZZARELLI, J.P., FRIEDMAN, CATTERSON and MALONE, JJ., concur.

OPINION OF THE COURT

BUCKLEY, J.

Plaintiff is the owner of the premises known as 25 Sutton Place South, part of which building rests upon a platform above the northbound and southbound roadways of the FDR Drive between East 54th Street and East 56th Street; two other buildings, public parks, and private gardens also rest on the structure, which plaintiff terms the FDR roof structure and defendants refer to as the understructure of plaintiff's building. At...

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