Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In the Matter of the Application of :
:
THE CITY OF NEW YORK,
: Index No.: _______________
Petitioner, :
:
To Acquire by Exercise of its Powers of Eminent
:
Domain, Fee Interests in Certain Real Property
:
Known as Tax Block 708, Lot 48; and Fee Interests
:
and a Temporary Easement in Tax Block 710, Lot
: NOTICE OF PETITION
11; all Located in the Borough of Manhattan,
:
Required as Part of the
:
:
HUDSON PARK AND BOULEVARD PROJECT,
:
PHASE 2, STAGE 3.
: :
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PLEASE TAKE NOTICE that, upon the Petition of the City of New York (the “City”),
duly verified on the 19th day of April, 2023, Petitioner will move this Court, at the Motion
Submission Part, Room 130, located at the New York County Supreme Court, 60 Centre Street,
New York, New York 10007, on May 24, 2023, at 9:30 a.m. on that day, or as soon thereafter as
counsel may be heard, for an Order pursuant to Section 402(B) of the Eminent Domain
Procedure Law (“EDPL”):
(a) granting the Petition in all respects;
(b) authorizing the City to file the acquisition map, in the form annexed to the
Petition, in the office of the Clerk of the County of New York or the Office of the City
Register, Borough of Manhattan;
(c) directing that, upon the filing of such order and the acquisition map, title
to the real property and property interests shall vest in the City, together with the legal
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FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/19/2023
right of possession in all properties and property interests acquired, but, if occupied, the
right to seek possession pursuant to Section 405 of the EDPL or other applicable law;
(d) providing that this Court shall determine all claims for just compensation
arising from the acquisition of said property and property interests, and that such claims
shall be heard without a jury and without referral to a referee or commissioner, and that
the Court shall issue writs of assistance as may be appropriate;
(e) directing that, within thirty (30) days of the entry of the Order deciding
this application, the City shall cause a Notice of Acquisition to be published in at least ten
successive issues of The City Record, an official newspaper published in the City of New
York, and shall serve a copy of such notice by first class mail on each condemnee, at
such condemnee’s last known address, or upon such condemnee’s attorney of record;
(f) directing that each condemnee shall have a period not to exceed six (6)
months from the date of entry of the Order deciding this application within which to file a
written claim, demand, or notice of appearance with the Clerk of this Court and to serve a
copy upon the attorneys for the City, Hon. Sylvia O. Hinds-Radix, Corporation Counsel
for the City of New York, 100 Church Street, New York, New York 10007 and Carter
Ledyard & Milburn LLP, 28 Liberty Street, 41st Floor, New York, New York 10005; and
(g) granting the City such other and further relief as this Court deems just and
proper.
The real property interests that the City seeks to acquire are set forth in detail in the
annexed Petition, and constitute Phase 2, Stage 3 of the Hudson Park and Boulevard Project, in
the Borough of Manhattan, City, County and State of New York.
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FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/19/2023
PLEASE TAKE FURTHER NOTICE that, annexed hereto as Exhibit A is a copy of that
portion of the relevant acquisition map affecting your property.
PLEASE TAKE FURTHER NOTICE that, pursuant to EDPL Section 402(B)(4), any
party seeking to oppose the acquisition must interpose a verified answer, which must contain
specific denial of each material allegation of the Petition controverted by the opponent, or any
statement of new matter deemed by the opponent to be a defense to the proceeding. Pursuant to
CPLR Section 403, said answer must be served upon the office of Carter Ledyard & Milburn
LLP, and upon Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, at
least seven days before the date that the Petition is noticed to be heard.
Dated: New York, New York
April ff, 2023
HON. SYLVIA O. HINDS-RADIX, CARTER LEDYARD & MILBURN LLP
CORPORATION COUNSEL OF THE
~
ITY OF NBW OR
By: By:
Michael Chestnov Michael H. Bauscher
Senior Counsel John R. Casolaro
100 Church Street Lee A.
Ohliger
41st
New York, New York 10007 28 Liberty Street, Floor
(212) 356-3529 New York, New York 10005
(212) 732-3200
Attorneys for Petitioner,
The City of New York Attorneys for Petitioner,
The City of New York
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Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------- x In the Matter of the Application of : : THE CITY OF NEW YORK, : Index No.: _______________ Petitioner, : : To Acquire by Exercise of its Powers of Eminent : Domain, Fee Interests in Certain Real Property : Known as Tax Block 708, Lot 48; and Fee Interests : and a Temporary Easement in Tax Block 710, Lot : NOTICE OF PETITION 11; all Located in the Borough of Manhattan, : Required as Part of the : : HUDSON PARK AND BOULEVARD PROJECT, : PHASE 2, STAGE 3. : : --------------------------------------------------------------------- x PLEASE TAKE NOTICE that, upon the Petition of the City of New York (the “City”), duly verified on the 19th day of April, 2023, Petitioner will move this Court, at the Motion Submission Part, Room 130, located at the New York County Supreme Court, 60 Centre Street, New York, New York 10007, on May 24, 2023, at 9:30 a.m. on that day, or as soon thereafter as counsel may be heard, for an Order pursuant to Section 402(B) of the Eminent Domain Procedure Law (“EDPL”): (a) granting the Petition in all respects; (b) authorizing the City to file the acquisition map, in the form annexed to the Petition, in the office of the Clerk of the County of New York or the Office of the City Register, Borough of Manhattan; (c) directing that, upon the filing of such order and the acquisition map, title to the real property and property interests shall vest in the City, together with the legal 11170266.3 1 of 3 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/19/2023 right of possession in all properties and property interests acquired, but, if occupied, the right to seek possession pursuant to Section 405 of the EDPL or other applicable law; (d) providing that this Court shall determine all claims for just compensation arising from the acquisition of said property and property interests, and that such claims shall be heard without a jury and without referral to a referee or commissioner, and that the Court shall issue writs of assistance as may be appropriate; (e) directing that, within thirty (30) days of the entry of the Order deciding this application, the City shall cause a Notice of Acquisition to be published in at least ten successive issues of The City Record, an official newspaper published in the City of New York, and shall serve a copy of such notice by first class mail on each condemnee, at such condemnee’s last known address, or upon such condemnee’s attorney of record; (f) directing that each condemnee shall have a period not to exceed six (6) months from the date of entry of the Order deciding this application within which to file a written claim, demand, or notice of appearance with the Clerk of this Court and to serve a copy upon the attorneys for the City, Hon. Sylvia O. Hinds-Radix, Corporation Counsel for the City of New York, 100 Church Street, New York, New York 10007 and Carter Ledyard & Milburn LLP, 28 Liberty Street, 41st Floor, New York, New York 10005; and (g) granting the City such other and further relief as this Court deems just and proper. The real property interests that the City seeks to acquire are set forth in detail in the annexed Petition, and constitute Phase 2, Stage 3 of the Hudson Park and Boulevard Project, in the Borough of Manhattan, City, County and State of New York. -2- 11170266.3 2 of 3 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/19/2023 PLEASE TAKE FURTHER NOTICE that, annexed hereto as Exhibit A is a copy of that portion of the relevant acquisition map affecting your property. PLEASE TAKE FURTHER NOTICE that, pursuant to EDPL Section 402(B)(4), any party seeking to oppose the acquisition must interpose a verified answer, which must contain specific denial of each material allegation of the Petition controverted by the opponent, or any statement of new matter deemed by the opponent to be a defense to the proceeding. Pursuant to CPLR Section 403, said answer must be served upon the office of Carter Ledyard & Milburn LLP, and upon Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, at least seven days before the date that the Petition is noticed to be heard. Dated: New York, New York April ff, 2023 HON. SYLVIA O. HINDS-RADIX, CARTER LEDYARD & MILBURN LLP CORPORATION COUNSEL OF THE ~ ITY OF NBW OR By: By: Michael Chestnov Michael H. Bauscher Senior Counsel John R. Casolaro 100 Church Street Lee A. Ohliger 41st New York, New York 10007 28 Liberty Street, Floor (212) 356-3529 New York, New York 10005 (212) 732-3200 Attorneys for Petitioner, The City of New York Attorneys for Petitioner, The City of New York -3- 11I 70266.3 3 of 3