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HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC. v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION

54 A.D.3d 296 (2008)

HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC., Petitioner-Respondent v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, et al. Respondents, and BALDOR SPECIALTY FOODS, INC., Appellant.

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

August 26, 2008.

Respondent New York City Economic Development Corporation (EDC) awarded a lease opportunity within the Hunts Point Food Distribution Center to Baldor. Petitioner's challenge to that award as arbitrary, capricious and an abuse of discretion was not frivolous within the meaning of 22 NYCRR 130-1.1 (a), in that it did not manifest the extreme behavior that courts have traditionally found to merit such sanctions (see e.g. Tsabbar v Auld, 26 A.D.3d 233...

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