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CNY v. 2305-07 THIRD AVE, LLC

450370/14.

142 A.D.3d 69 (2016)

35 N.Y.S.3d 69

In the Matter of CITY OF NEW YORK, Respondent, v. 2305-07 THIRD AVENUE, LLC, et al., Appellants, and HERON REAL ESTATE CORP., Intervenor-Appellant.

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

Decided July 5, 2016.

Attorney(s) appearing for the Case

Feerick, Lynch, MacCartney PLLC, South Nyack (J. David MacCartney, Jr., of counsel), for 2305-07 Third Avenue LLC and others, appellants.

Meister Seelig & Fein LLP, New York City (Stephen B. Meister, Alexander D. Pencu and Michael B. Sloan of counsel), for Heron Real Estate Corp, appellant.

Zachary W. Carter, Corporation Counsel, New York City (Michael Chestnov of counsel), for respondent.

MAZZARELLI, J.P., ANDRIAS, RICHTER and KAHN, JJ., concur.

OPINION OF THE COURT

On this appeal we consider whether the City timely commenced this proceeding pursuant to article 4 of the Eminent Domain Procedure Law (EDPL). We are in accord with Supreme Court that the proceeding was commenced within the applicable time limitation set forth in section 401(A)(3), which provides...

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