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Archive | July, 2015

July 31, 2015

Emil Realty, Co. v State of New York

A recent decision by the Court of Claims (Hon. Thomas H. Scuccimarra) approved  the Claimant Emil Realty’s request for an additional three months to file its appraisal report valuing the subject property (530 Gardner Avenue, and a permanent easement over 518 Gardner Avenue). The parties had previously stipulated to other extensions, however the State refused to consent to a further extension beyond the February 15, 2015 deadline as it had already filed its appraisal, and argued it would be prejudiced by the imposition of additional statutory interest at 9% from… read more

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Posted in Appraisers, Lawyers, Litigation, New York, Recent cases
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July 17, 2015

Appellate Division Decides Mazur Brothers v State: Verified Petition Issue

The Appellate Division Second Department issued a decision on July 15, 2015 where it reversed the order of the Court of Claims (Ruderman, J.,) dated November 13, 2013, which dismissed Mazur Brother’s Petition for lack of subject matter jurisdiction. The Appellate Division reinstated the Petition as it concluded that service of the Petition without a verification did not constitute an incurable “jurisdictional” defect. The background of the matter is as follows: Claimant Mazur Brothers Realty, Inc. filed a Verified Petition seeking to recover money owed from New York State’s appropriation… read more

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Posted in Eminent Domain, New York, Recent cases
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July 2, 2015

NYU Case Update: Court of Appeals Rejects Public Trust Doctrine

We are writing to provide an update on the NYU Expansion case. We previously covered the litigation on this matter in a blog post from February 2015, which can be read here. By way of background, New York University (NYU) received approval from the New York City Council to expand its campus. The project involved de-mapping certain areas currently designated as streets on City maps and using them, either permanently or for some part of 20 years, in connection with construction of new buildings. The four disputed parcels (Mercer Playground, LaGuardia Park,… read more

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Posted in New York, NYU Expansion, Public Parkland
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