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MATTER OF 730 EQUITY CORP. v. NEW YORK STATE URBAN DEV. CORP.

2014-07842, Index No. 1689/12.

142 A.D.3d 1087 (2016)

37 N.Y.S.3d 599

In the Matter of 730 EQUITY CORP., Respondent-Appellant, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Appellant-Respondent.

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

Decided September 21, 2016.

Ordered that the judgment is affirmed, without costs or disbursements.

The claimant owned a 20,738 square foot, irregularly shaped, vacant parcel of real property at 730-740 Atlantic Avenue in Brooklyn, located at block 1120, lot 35, between Carlton Avenue and 6th Avenue. The property has 275 feet of frontage on Atlantic Avenue to the north and curves to a point at Carlton Avenue. To its south is a Long Island Rail Road (hereinafter LIRR) rail yard, which is below...

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