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MATTER OF ARVERNE SECOND AMENDED URBAN RENEWAL PROJECT

44 A.D.3d 760 (2007)

844 N.Y.S.2d 346

In the Matter of ARVERNE SECOND AMENDED URBAN RENEWAL PROJECT. RED CASTLE BAKERIES, INC., Appellant; CITY OF NEW YORK et al., Respondents.

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

Decided October 9, 2007.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

According to a lease entered into between Red Castle Bakeries, Inc. (hereinafter Red Castle), as tenant, and Loeb & Mayer (hereinafter L & M), as landlord, Red Castle had the option to purchase the demised building located on the parcel known as lot 70 within 60 days of notice of the proposed taking by the

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