NEW YORK CITY ECONOMIC DEV. CORP. v. CORN EXCH., LLC

405031/07.

2008 NY Slip Op 28279

NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, 7, Plaintiff, v. CORN EXCHANGE, LLC, Defendant.

Supreme Court of the State of New York, New York County.

Decided July 16, 2008.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, By: Tina Isselbacher, New York, New York, Plaintiff.

Millbank Tweed Hadley & McCloy LLP, Alan J. Stone, Joseph S. Genova, John K. White, Jr., New York, NY, Defendant.

Legal Aid Society, David W. Weschler, New York, NY, Attorney in Charge.


JUDITH J. GISCHE, J.

Plaintiff commenced this action to obtain title to 81 East 125th Street, New York, NY (the "premises"), which it previously conveyed to defendant. Defendant now moves to dismiss the complaint pursuant to CPLR § 3211 (a) (1), (7) and (10).1

Plaintiff conveyed the premises to defendant by deed dated February 5, 2003 (the "Deed"). Under the terms of the Deed, there is no dispute that defendant committed to...

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