CANNON POINT NORTH, INC. v. CITY OF NEW YORK

5238, 101157/04, 5239, 5240, 120652/03, 5241

87 A.D.3d 861 (2011)

928 N.Y.S.2d 711

2011 NY Slip Op 6398

CANNON POINT NORTH, INC., Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents-Appellants, et al., Defendant. CANNON POINT NORTH, INC., Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. CANNON POINT SOUTH, INC., Appellant, v. CITY OF NEW YORK et al., Respondents. CANNON POINT SOUTH, INC., Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents-Appellants.

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

Decided September 1, 2011.


Plaintiffs Cannon Point North, Inc. and Cannon Point South, Inc. are the owners of apartment buildings located respectively at 25 and 45 Sutton Place South. Part of the buildings rest upon a platform above FDR Drive between East 54th Street and East 56th Street. The platform consists of two horizontal concrete slabs and steel columns encased in concrete; the upper slab forms the bottom of the buildings, while the lower slab forms the ceiling over FDR Drive. This structure...

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