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Archive | May, 2014

May 22, 2014

Appellate Division Second Department Renders Important Decision in Mazur Brothers

The Appellate Division, Second Department, handed down a decision on May 21, 2014, effectively ending 8 years of litigation and awarding compensation to the Claimants, Mazur Brothers Realty, LLC. Mazur Brothers Realty LLC were the fee owner of property located at 80 Lake Street and 90 Lake Street, White Plains, New York. Mazur Brothers, Inc., was the tenant at both properties and operated a well-known furniture business on the premises prior to title vesting. The property was taken in connection with a project to improve the Cross Westchester Expressway. Litigation… read more

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Posted in Eminent Domain, New York, Offer & Compensation, Recent cases, Trade fixtures
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May 15, 2014

Recent Decision Values Atlantic Yards Property at 9 Million

Recent Decision Values Atlantic Yards Property at 9 Million Goldstein, Rikon, Rikon & Houghton recently received a decision awarding one of its clients $9,186,000, plus interest, for damages resulting from a fee taking which occurred on March 1, 2010 in connection with the Atlantic Yards development project. The property consisted of a 20,738 square foot lot, with frontage on Atlantic Avenue and a rear lot adjoining the Long Island Railroad tracks. The property was zoned M1-1 and was vacant at the time of title vesting. The case was tried by… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases
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May 9, 2014

The Time Has Come to Stop the State’s Improper Deposit of Advance Payments

By: Jonathan Houghton Every State appropriation that we are aware of now starts with an automatic, unexplained deposit of the advance payment. This conduct is as egregious as it is pervasive. The State fails to provide any advance notice and refuses to tell the Claimant when the deposit was made or why. The Claimant first learns the “when” and the “why” when the State submits an Answer. And often times, the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the… read more

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Posted in Eminent Domain Abuse, Future of the law, New York, Offer & Compensation
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