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MATTER OF CITY OF NEW YORK

39371/05

33 Misc.3d 586 (2011)

929 N.Y.S.2d 478

2011 NY Slip Op 21319

In the Matter of the CITY OF NEW YORK Relative to Acquiring Title in Fee Simple Absolute to Certain Real Property Where Not Heretofore Acquired for the GRANTWOOD RETENTION BASIN Located in the Area Generally Bounded by Shotwell Avenue to the East, Tyron Avenue to the South, Grantwood Avenue to the West, and Woodrow Road to the North, in the Borough of Staten Island, City and State of New York. CASSINO CONTRACTING CORP. (Fee Claimant with Respect to Damage Parcel 1, Block 5676, Lot 1), Claimant, v. CITY OF NEW YORK, Condemnor.

Supreme Court, Richmond County.

Decided September 7, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Holly Gerstenfeld of counsel), for condemnor. Goldstein, Rikon & Rikon, P.C., New York City ( Michael Rikon of counsel), for claimant.

OPINION OF THE COURT

WAYNE P. SAITTA, J.

In this condemnation proceeding, condemnor City of New York moves this court for an order dismissing the fee claim of Cassino Contracting Corp. (hereinafter the claimant), on the ground that claimant's appraisal report, dated October 7, 2010, is invalid as a matter of law.

Upon reading the notice of motion of the City of New York, dated June 15, 2011, the annexed...

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