328 Owners Corp. v. 330 West 86 Oaks Corp.

Andrias, J. (dissenting).

The building in question, a five-story brownstone on West 86th Street, was conveyed by the City pursuant to article 16 of the General Municipal Law as an accelerated Urban Development Action Area Project (UDAAP). The facts are undisputed and are fairly stated by the majority.

Relying upon the three-prong test formulated by the Court of Appeals in Neponsit Prop. Owners’ Assn. v Emigrant Indus. Sav. Bank (278 NY 248, 254-255 [1938]), the majority finds that because the provision in the deed stating that the building was being conveyed by the City pursuant to article 16…