Legal Opinion

In re the City of New York

New York Supreme Court

Decided January 23, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Abraham G. Gerges, J.

In this eminent domain proceeding, claimants John Garner and Great Atlantic Precast and Statuary, Inc. move for an order directing the condemnor, the City of New York, to exchange appraisal reports, to file a note of issue and certificate of readiness for trial and to set a date certain for the trial. The City cross-moves for an order: (1) dismissing the subject claims insofar as they are seeking an award in excess of the City’s advance payment or, in the alternative, (2) ending the City’s obligation to pay interest on any award as of August 31, 1997.

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2Cases cited21 opinions

  1. Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  2. Yaphank Development Co. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994
  3. Travis v. CuffAppellate Division of the Supreme Court of the State of New York · 2006
  4. Andre v. Bonetto Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. ERHAL Holding Corp. v. RusinAppellate Division of the Supreme Court of the State of New York · 1998

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