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MATTER OF CITY OF NEW YORK

35057/04.

28 Misc.3d 644 (2010)

905 N.Y.S.2d 838

In the Matter of the CITY OF NEW YORK, Relative to Acquiring Title in Fee Simple for the WEST BUSHWICK URBAN RENEWAL AREA, PHASE 2.

Supreme Court, Kings County.

Decided May 26, 2010.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Holly R. Gerstenfeld of counsel), for condemnor.

Goldstein, Rikon & Rikon, P.C., New York City ( John Houghton of counsel), for claimant.

OPINION OF THE COURT

ABRAHAM G. GERGES, J.

In this eminent domain proceeding, the condemnor the City of New York (the City) moves for an order, pursuant to Eminent Domain Procedure Law § 304 (H), compelling fixture claimant George Cho to remit to the City the sum of $8,650 which was tendered to him as an advance payment, plus interest.

Facts and Procedural Background

The City acquired title...

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