250 WEST 41ST STREET REALTY CORP. v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION


277 A.D.2d 47 (2000)

715 N.Y.S.2d 407

250 WEST 41ST STREET REALTY CORP. et al., Appellants, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION et al., Respondents.

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

Decided November 9, 2000.


EDPL 401 (B) provides an initial limitation period of three years in which a condemnor may commence proceedings to acquire condemned property, with a ten-year limit applicable to projects planned to progress in stages (EDPL 401 [C]). The statute further provides that, on expiration of the three-year period, "the project shall be deemed abandoned, and thereafter, before commencing proceedings under this article the condemnor must again comply with the provisions of [EDPL]...

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