Opinion
2021-04788 Index 401320/11
08-26-2021
East 72nd, LLC, (Block 1426, Lot 25), Claimant-Appellant, v. Metropolitan Transportation Authority, Condemnor-Respondent. Appeal No. 14081 No. 2020-05001
Goldstein, Rikon, Rikon & Houghton, P.C., New York (Jonathan Houghton of counsel), for appellant. Applebaum Katz Brodsky PLLC, New York (Kenneth J. Applebaum of counsel), for respondent.
Goldstein, Rikon, Rikon & Houghton, P.C., New York (Jonathan Houghton of counsel), for appellant.
Applebaum Katz Brodsky PLLC, New York (Kenneth J. Applebaum of counsel), for respondent.
Before: Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.
Order, Supreme Court, New York County (Martin Shulman, J.), entered June 30, 2020, which granted condemnor's motion for summary judgment dismissing the proceeding, unanimously affirmed, without costs.
The court properly granted condemnor's motion for summary judgment. No issues of fact remain whether condemnor could have acquired the easements on the property, which is located within a "Special Transit Land Use District" (see New York City Zoning Resolution § 95-00 et seq.), without payment to claimant upon its redevelopment of the property. Nor do issues of fact remain regarding claimant's ability to build above the permanent easements without additional cost. There is no other basis to disturb the court's determinations concerning valuation (see generally Matter of Town of Islip [Mascioli], 49 N.Y.2d 354, 360 [1980]).
We have considered claimant's remaining arguments and find them unavailing.