NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION v. CORN EXCHANGE LLC.


21 Misc.3d 286 (2008)

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

Supreme Court, New York County.

August 19, 2008.


Attorney(s) appearing for the Case

Millbank Tweed Hadley & McCloy LLP, New York City (Alan J. Stone, Joseph S. Genova and John K. White, Jr. of counsel), and Legal Aid Society, New York City (David W. Weschler of counsel), for defendant.

Michael A. Cardozo, Corporation Counsel, New York City (Tina Isselbacher of counsel), for plaintiff.


OPINION OF THE COURT

JUDITH J. GISCHE, J.

Plaintiff commenced this action to obtain title to 81 East 125th Street, New York, New York, 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. Under the terms of the deed, there is no dispute that defendant committed to...

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