EAST 72ND, LLC v. METROPOLITAN TRANSP. AUTH.

Index No. 401320/11. Appeal No. 14081. Case No. 2020-05001.

197 A.D.3d 440 (2021)

150 N.Y.S.3d 573

2021 NY Slip Op 04788

East 72nd, LLC, (Block 1426, Lot 25), Appellant, v. Metropolitan Transportation Authority, Respondent.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

Goldstein, Rikon, Rikon & Houghton, P.C., New York ( Jonathan Houghton of counsel), for appellant.

Applebaum Katz Brodsky PLLC, New York ( Kenneth J. Applebaum of counsel), for respondent.

Concur—Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.


The court properly granted condemnor's motion for summary judgment. No issues of fact remain whether condemnor could have acquired the easements on the property, which is located within a "Special Transit Land Use District" (see NY City Zoning Resolution § 95-00 et seq.), without payment to claimant upon its redevelopment of the property. Nor do issues of fact remain regarding claimant's ability to build above the permanent easements without additional...

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