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DEVELOP INC. v. EMPIRE CORP.

114631/2009.

41 Misc.3d 779 (2013)

971 N.Y.S.2d 682

2013 NY Slip Op 23319

DEVELOP DON'T DESTROY (BROOKLYN), INC., et al., Petitioners, v. EMPIRE STATE DEVELOPMENT CORPORATION et al., Respondents.

Supreme Court, New York County.

Decided September 20, 2013.

Attorney(s) appearing for the Case

Young Sommer Ward Ritzenberg Baker & Moore LLC, Albany ( Jeffrey S. Baker of counsel), and Urban Environmental Law Center, New York City ( Albert K. Butzel of counsel), for petitioners. Bryan Cave LLP, New York City ( Philip E. Karmel of counsel), Kramer Levin Naftalis & Frankel LLP, New York City ( Jeffrey L. Braun of counsel), and Fried, Frank, Harris, Shriver & Jacobson, LLP, New York City ( Richard G. Leland of counsel), for respondents.

OPINION OF THE COURT

MARCY S. FRIEDMAN, J.

Petitioners Develop Don't Destroy (Brooklyn), Inc. (DDDB) and Prospect Heights Neighborhood Development Council, Inc. (PHNDC) move, under the New York State Equal Access to Justice Act (EAJA) (CPLR 8601), for payment by respondent Empire State Development Corporation (ESDC) of attorney's fees and expenses incurred by petitioners in prosecuting these CPLR article 78 proceedings.1 The...

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