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LT PROPCO, LLC v. CAROUSEL CENTER CO. LP

0003883/2007, RJI No. 33-07-2230, No. 06-7498, RJI No. 33-06-4465, No. 05-7107, RJI No. 33-05-4945. (L&T Carousel Center Interests)

2008 NY Slip Op 32092 (U)

LT PROPCO, LLC, Plaintiff, v. CAROUSEL CENTER COMPANY LP and CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, Defendants. LORD & TAYLOR CAROUSEL, INC., Plaintiff, v. CAROUSEL CENTER COMPANY LP and CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, Defendants. In the Matter of the Application of THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, to acquire certain interests in the Carousel Center site, which site is generally identified as 1 Carousel Center Drive (Lot 11K), SBL No. 114-02-05.6; 304 Hiawatha Boulevard W. Rear (Lot 11B), SBL No. 114-02-05.2 in the City of Syracuse, New York, which parcels comprise a portion of the site for the phased public project known as DESTINY USA.

Supreme Court of the State of New York, Onondaga County.

July 21, 2008

DECISION AND ORDER

JOHN C. CHERUNDOLO, Judge.

This issue of standing focuses on whether LT Propco as a successor in interest to Lord & Taylor is a proper party to maintain an action for declaratory judgment as to the party's rights contained in the "Transaction Documents"1 or to maintain an Eminent Domain Procedure Law ("EDPL") Article 5 proceeding for damages subsequent to the Syracuse Industrial Development...

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