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In re City of New York

Other Lower Courts

January 29, 2008

In the Matter of the Application of the City of New York relative to acquiring title in fee simple, where not heretofore acquired for the West Bushwick Urban Renewal Area, Phase 2

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

Holly Gerstenfeld, Esq. Assistant Corp. Counsel

John Houghton, Esq. Goldstein, Goldstein, Rikon & Gottlieb

OPINION

Abraham G. Gerges, J.

Upon the foregoing papers in this eminent domain proceeding, condemnor the City of New York (the City) moves for an order dismissing the fixture claims of 534 Bushwick Avenue Corporation (534) and Sound and Security Solutions, Inc. (Sound and Security).

Facts and Procedural Background

534 is the former owner of the property located at Block 3137, Lots 1 and 6 on Bushwick Avenue in Brooklyn. Sound and Security is the former owners of property located at Block 3137, Lot 9.

Pursuant to two separate ten-year lease agreements dated January 10, 2004, J & T Auto Sales Corp. (J & T) acquired a tenancy interest in the properties. As is relevant to the instant dispute, the leases provide that:

"If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any public or quasi public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no claim for the value of the unexpired term of said lease."

(Lease Agreements, para 10).

"The said premises is vacant land and any improvements placed thereon shall become the property of the Landlord and at the option of the Landlord shall remain at the premises at the conclusion of the lease. The Landlord may request tenant to remove any structure/or improvement placed upon the premises at the conclusion of ...


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