MATTER OF USA NIAGARA DEV. CORP.


51 A.D.3d 377 (2008)

856 N.Y.S.2d 378

In the Matter of USA NIAGARA DEVELOPMENT CORPORATION, Respondent, Relative to Acquiring Title in Fee Simple to Certain Property Necessary for a Project Known as the NIAGARA FALLS CONVENTION AND CONFERENCE FACILITY CIVIC PROJECT. SETTCO, LLC, Appellant.

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

April 25, 2008.


Attorney(s) appearing for the Case

Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York City (Michael Rikon of counsel), for appellant.

Nixon Peabody LLP, Buffalo (Laurie Styka Bloom of counsel), for respondent.

HURLBUTT, J.P., MARTOCHE, LUNN and PERADOTTO, JJ., concur.


OPINION OF THE COURT

SMITH, J.

In this appeal, we are asked to determine whether Supreme Court properly denied the trade fixture claim of claimant, Settco, LLC (Settco). The claim involves a 3.152-acre parcel of property improved by an approximately 113,500-square-foot, single-story building, formerly known as the "Falls Street Faire," in the City of Niagara Falls. The original developers of the property envisioned a building that would be a combined indoor...

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