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Lt Propco, LLC v. Carousel Center Company

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),304 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), 304 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 a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered December 11, 2008.

1460

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

SBL NO. 114-02-05.6; SBL NO. 114-02-05.2, SBL NO. 114-02-05.2 ,SBL NO. 114-02-05.6

MEMORANDUM AND ORDER

(ACTION NO. 1.)

(ACTION NO. 2.)

(ACTION NO. 3.)

(PROCEEDING NO. 1.)

(PROCEEDING NO. 2.)

(APPEAL NO. 3.)

The judgment, among other things, declared the obligations of the parties.

It is hereby ORDERED that said appeal from the judgment insofar as it denied leave to reargue is unanimously dismissed (see Empire Ins. Co. v Food City, 167 AD2d 983, 984) and the judgment is otherwise affirmed without costs.

Memorandum: These appeals are the latest in a series stemming from the condemnation by defendant-petitioner Syracuse Industrial Development Agency (SIDA) in an EDPL article 4 proceeding of certain leasehold interests of plaintiff-respondent Kaufmann's Carousel, Inc. (Kaufmann's) and plaintiff-respondent Lord & Taylor Carousel, Inc. (Lord & Taylor), among others (Matter of City of Syracuse Indus. Dev. Agency [J.C. Penney Corp., Inc.-Carousel Ctr. Co., L.P.], 32 AD3d 1332, lv denied 7 NY3d 714, cert denied 550 US 918; Matter of Kaufmann's Carousel v City of Syracuse Indus. Dev. Agency, 301 AD2d 292, lv denied 99 NY2d 508). In 1991 Kaufmann's and Lord & Taylor entered into a series of agreements with Pyramid Companies (Pyramid) establishing long-term leases with Pyramid to operate retail department stores as anchor tenants at the Carousel Center shopping mall (Carousel Center). Among those agreements is a Construction, Operation and Reciprocal Easement Agreement (REA) that governs, inter alia, the parties' rights and responsibilities with respect to common areas, including the right of Kaufmann's and Lord & Taylor to the parking area surrounding their respective stores, and the parties' respective real estate tax obligations.

Lord & Taylor's interest in its Carousel Center store has since been assigned to plaintiff LT Propco, LLC (LT Propco), and Pyramid's interests with respect to the contracts at issue, including the REA, have been assigned to ...


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