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CITY OF NEW YORK v. GOWANUS INDUS. PARK, INC.

65 A.D.3d 1071 (2009)

CITY OF NEW YORK, Respondent, v. GOWANUS INDUSTRIAL PARK, INC., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 15, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of an appropriate declaratory judgment.

In 1997 the defendant Gowanus Industrial Park, Inc. (hereinafter GIP), acquired two parcels of real property—one consisting of certain bottomlands of the Henry Street Basin (hereinafter the Basin), a navigable body of tidal water, and another located above water level on...

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