Legal Opinion

In re the City of New York

New York Supreme Court

Decided May 26, 2010Published

1Opinion of the Court

OPINION OF THE COURT

Abraham G. Gerges, J.

*645In this eminent domain proceeding, the condemnor the City of New York (the City) moves for an order, pursuant to Eminent Domain Procedure Law § 304 (H), compelling fixture claimant George Cho to remit to the City the sum of $8,650 which was tendered to him as an advance payment, plus interest.

Facts and Procedural Background

The City acquired title to block 3151, lot 69, on February 28, 2005. On January 20, 2006, Cho received an advance payment of $8,650, plus interest in the amount of $363.04. After appraisals were exchanged on August 30, 2006, the City…

2Cases cited9 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. In re the Estate of BarabashNew York Court of Appeals · 1972
  3. Dwyer v. MazzolaAppellate Division of the Supreme Court of the State of New York · 1991
  4. Cohen v. KrantzAppellate Division of the Supreme Court of the State of New York · 1996
  5. East Thirteenth Street Community Ass'n v. New York State Urban Development Corp.New York Court of Appeals · 1994

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