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LT PROPCO, LLC v. CAROUSEL CENTER COMPANY, L.P.

1458 CA 08-02265

68 A.D.3d 1695 (2009)

2009 NY Slip Op 9778

893 N.Y.S.2d 395

LT PROPCO, LLC, Appellant, v. CAROUSEL CENTER COMPANY, L.P., et al., Respondents. (Action No. 1.) LORD & TAYLOR CAROUSEL, INC., Appellant, v. CAROUSEL CENTER COMPANY, L.P., et al., Respondents. (Action No. 2.) In the Matter of CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, Respondent, 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, and 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. LORD & TAYLOR CAROUSEL, INC., Appellant. (Proceeding No. 1.) (Appeal No. 1.)

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

Decided December 30, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating those parts providing that LT Propco, LLC join certain indispensable or necessary parties and by providing in the third ordering paragraph that the motion is denied and as modified the order is affirmed without costs.

Memorandum: LT Propco, LLC, the plaintiff in action No. 1, and Lord & Taylor Carousel, Inc., the plaintiff in action No. 2 and the respondent in proceeding...

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