MATTER OF WILLOUGHBY OPERATING CO. LLC v. NEW YORK CITY ECONOMIC DEV. CORP.

155265/19. Appeal No. 12721. Case No. 2020-01704.

189 A.D.3d 655 (2020)

134 N.Y.S.3d 699

2020 NY Slip Op 07734

In the Matter of Willoughby Operating Company, LLC, et al., Appellants, v. New York City Economic Development Corporation et al., Respondents.

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

Decided December 22, 2020.


Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Jeremy W. Shweder of counsel), for New York City Economic Development Corporation, City of New York, New York City Department of Housing Preservation and Development, respondents.

Cullen and Dykman LLP, New York ( Richard A. Coppola of counsel), for Downtown Brooklyn Partnership, respondent.

Emery Celli Brinckerhoff Abady Ward & Maazel, New York ( Andrew G. Celli, Jr. of counsel), for appellants.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.


This matter arises from a pre-lease agreement between EDC and petitioners, which contemplated, inter alia, petitioners' construction of an underground garage facility at Willoughby Square, in Brooklyn. On December 10, 2018, after several years of abortive efforts to move towards closing on a long-term lease, EDC sent a letter stating that it would close on the lease on January 21, 2019, if petitioners resolved certain issues with...

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