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Lt Propco, LLC, Plaintiff-Appellant v. Carousel Center Company

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

LT PROPCO, LLC, PLAINTIFF-APPELLANT,
v.
CAROUSEL CENTER COMPANY, L.P. AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. LORD & TAYLOR CAROUSEL, INC., PLAINTIFF-APPELLANT,
v.
CAROUSEL CENTER COMPANY, L.P. AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. KAUFMANN'S CAROUSEL, INC., PLAINTIFF-APPELLANT,
v.
CAROUSEL CENTER COMPANY, L.P. AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS.
IN THE MATTER OF THE APPLICATION OF CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K),
HIAWATHA BOULEVARD W. REAR (LOT 11B), IN THE CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. LORD & TAYLOR CAROUSEL, INC., RESPONDENT-APPELLANT.
IN THE MATTER OF THE APPLICATION OF CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K),
HIAWATHA BOULEVARD W. REAR (LOT 11B), IN THE CITY OF
SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. KAUFMANN'S CAROUSEL, INC., RESPONDENT-APPELLANT.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered August 7, 2008.

1459

PRESENT: SMITH, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.

MEMORANDUM AND ORDER

(ACTION NO. 1.)

(ACTION NO. 2.)

(ACTION NO. 3.)

SBL NO. 114-02-05.6; 304

SBL NO. 114-02-05.2

(PROCEEDING NO. 1.)

SBL NO. 114-02-05.6; 304

SBL NO. 114-02-05.2

(PROCEEDING NO. 2.)

(APPEAL NO. 2.)

The order, among other things, dismissed the complaints of plaintiffs LT Propco, LLC and Kaufmann's Carousel, Inc. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Same Memorandum as in LT Propco, LLC v Carousel Ctr. Co., L.P. ([appeal No. 3] ___ AD3d ___ [Dec. 30, 2009]).

Patricia L. Morgan Clerk of the Court

20091230

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