Legal Opinion

In re the City of New York Relative to Acquiring Title in Fee Simple for the New Creek Bluebelt, Phase 3

New York Supreme Court

Decided June 25, 2009PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Abraham G. Gerges, J.

In this eminent domain proceeding, claimant Staten Island Land Corp. moves for an order directing the City of New York to satisfy the outstanding tax liens and tax lien certificates from the proceeds of the advance payment, with interest at the same rate accruing on said liens and certificates.

Facts and Procedural Background

On November 3, 2006, the City acquired title to the subject property (block 3551, lots 8, 14, 56). Prior to the taking, commencing in 2001, claimant fell into arrears in its payment of taxes and as a result, tax liens and tax lien…

2Cases cited30 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. Kirby Forest Industries, Inc. v. United StatesSupreme Court of the United States · 1984
  3. Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
  4. Jacobs v. United StatesSupreme Court of the United States · 1933
  5. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971

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3Cited by2 opinions

  1. Citibank, N.A. v. Barclays Bank, PLCDistrict Court, S.D. New York · 2013
  2. Baston v. County of Kenton Ex Rel. Kenton County Airport BoardKentucky Supreme Court · 2010

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