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MATTER OF 212 EAST 85TH STREET, LLC v. DEPARTMENT OF PUBLIC SERVICE OF THE STATE OF NEW YORK

60 A.D.3d 1259 (2009)

874 N.Y.S.2d 827

In the Matter of 212 EAST 85TH STREET, LLC, et al., Appellants, v. DEPARTMENT OF PUBLIC SERVICE OF THE STATE OF NEW YORK et al., Respondents, et al., Respondents.

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

Decided March 26, 2009.

ROSE, J.

Petitioners own and operate an apartment building in New York City that is located across the street from an office building and movie theater owned and operated by respondents 210 East 86th Street Corporation and City Cinemas Corporation (hereinafter collectively referred to as respondents). After petitioners learned that respondents had made arrangements with respondent Consolidated Edison Company of New York,

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