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El Bohio Public Development Corp. v. Diamond

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1998
254 A.D.2d 100 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

Appeal from the Supreme Court, New York County (Colleen McMahon, J.).


The 1982 Uniform Land Use Review Procedure ([ULURP] N.Y. City Charter § 197-c) authorization permitting "disposition" of the subject property located at 605 East 9th Street for "community use" refutes petitioners' claim that the scope of the ULURP authorization was confined to permitting a longterm lease of the subject property to petitioners. Indeed, it is manifest that the 1982 ULURP authorization is sufficiently broad to allow sale of the property for community use and, accordingly, that a new ULURP authorization is not necessary for such a sale.

Also without merit are petitioners' claims that respondents failed to negotiate with them in good faith respecting their plans to purchase the subject property. To the extent that these claims are properly asserted in a proceeding pursuant to CPLR article 78, they are without merit since there was a rational basis for respondents' rejection of petitioner's purchase plans ( see, Matter of Goodstein Constr. Corp. v. Gliedman, 117 A.D.2d 170, 177, aff'd 69 N.Y.2d 930).

Concur — Milonas, J.P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.


Summaries of

El Bohio Public Development Corp. v. Diamond

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1998
254 A.D.2d 100 (N.Y. App. Div. 1998)
Case details for

El Bohio Public Development Corp. v. Diamond

Case Details

Full title:In the Matter of EL BOHIO PUBLIC DEVELOPMENT CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 13, 1998

Citations

254 A.D.2d 100 (N.Y. App. Div. 1998)
678 N.Y.S.2d 623