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MATTER OF METROPOLITAN TRANSP. AUTH.

Nos. 4045, 401185/08, 401188/08, 401192/08.

86 A.D.3d 314 (2011)

927 N.Y.S.2d 67

2011 NY Slip Op 5986

In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY. COLLEGIATE CHURCH CORPORATION, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY, as Condemnor, Appellant. 200 BROADWAY JOINT VENTURE Co., LLC, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY, as Condemnor, Appellant. In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY. DLR PROPERTIES, LLC, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY, as Condemnor, Appellant. In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY. DLR PROPERTIES, LLC, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY, as Condemnor, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 21, 2011.

Attorney(s) appearing for the Case

Berger & Webb, LLP, New York City ( Charles S. Webb III , Kenneth J. Applebaum , Judith Z. Katz and Adam H. Brodsky of counsel), for appellant.

Goldstein, Rikon & Rikon, P.C., New York City ( M. Robert Goldstein of counsel), for Collegiate Church Corporation, respondent.

Kramer Levin Naftalis & Frankel LLP, New York City ( James G. Greilsheimer of counsel), for 200 Broadway Joint Venture Co. LLC, respondent.

Rosenberg & Estis, P.C., New York City ( Michael E. Feinstein of counsel), for DLR Properties, LLC, respondent.

TOM, J.P., SWEENY, FREEDMAN and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

RICHTER, J.

On March 29, 2006 (the vesting date), condemnor appellant Metropolitan Transportation Authority (the MTA) acquired five properties in lower Manhattan through eminent domain. The properties, which make up the entire block front on the east side of Broadway between Fulton and John Streets, were acquired in connection with the construction of the Fulton Street Transit Center, a new public transit facility currently under construction...

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