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PETER WILLIAMS ENTERPRISES, INC. v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION

2010-10608

90 A.D.3d 1007 (2011)

935 N.Y.S.2d 624

2011 NY Slip Op 9609

PETER WILLIAMS ENTERPRISES, INC., Appellant, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION et al., Respondents.

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

Decided December 27, 2011.

Ordered that the order is affirmed, with one bill of costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiff does not own an "above-the-plane" fee interest in the subject real property.

The plaintiff is the former owner of real property located at 38 Sixth Avenue in Brooklyn. After that property was acquired by the defendant New York State Urban Development...

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