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IN THE MATTER OF CITY OF NEW YORK

18 Misc.3d 945 (2008)

854 N.Y.S.2d 870

In the Matter of the CITY OF NEW YORK, Condemnor, Relative to Acquiring Title in Fee Simple for ELLIS STREET. GREAT ATLANTIC PRECAST AND STATUARY, INC., et al., Claimants.

Supreme Court, Kings County.

January 23, 2008.

Attorney(s) appearing for the Case

Goldstein, Goldstein, Rikon & Gottlieb, New York City (Michael Rikon of counsel), for claimants.

Michael A. Cardozo, Corporation Counsel, New York City (Fred Kolikoff of counsel), for condemnor.

OPINION OF THE COURT

ABRAHAM G. GERGES, J.

In this eminent domain proceeding, claimants John Garner and Great Atlantic Precast and Statuary, Inc. move for an order directing the condemnor, the City of New York, to exchange appraisal reports, to file a note of issue and certificate of readiness for trial and to set a date certain for the trial. The City cross-moves for an order: (1) dismissing the subject claims insofar as they are seeking an award in excess...

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