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INDEX NO. 451304/2023
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023
EXHIBIT D
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AFFIDAVIT OF MAILING
STATE OF NEW YORK }
ss.
COUNTY OF NEW YORK)
BILL BORENSTEIN, being duly sworn, deposes and says:
1. I am over the age of eighteen years, am not a party to
this action and am employed by the law firm of Carter Ledyard &
Milburn LLP.
2 On Tuesday, August 13, 2019, I placed true and correct
copies of the DETERMINATION AND FINDINGS BY THE CITY OF NEW YORK
PURSUANT TO EDPL SECTION 04 WITH RESPECT TO CERATIN PROPERTY TO BE
ACQUIRED IN FURTHERANCE OF PHASE 2 OF THE HUDSON PARK AND BOULEVARD
PROJECT (attached hereto as Exhibit A) in post-paid envelopes
addressed:
SEE LIST ATTACHED HERETO AS EXHIBIT B
On Thursday, August 15, 2019 at 3:40 P.M., I deposited
said envelopes with a postal clerk at the United States Post Office
located at 1 Whitehall Street, New York, New York, to be dispatched by
certified mail, return receipt requested. Attached hereto as Exhibit C
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are the certified mailing receipts.
Uo Me
Bill Borenstein
Sworn to before me this
Notary Public.
MALAS! PINA
ANTON! HO state
Notary Public, of New York
Col
Qualtfl fad in KI ings
New York county
Gertificate Exar Aptil 18, 202:
Commiasion Ex
8660798.1
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EXHIBIT A
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DETERMINATION AND FINDINGS BY THE CITY OF NEW YORK
PURSUANT TO EDPL SECTION 204 WITH RESPECT TO
CERTAIN PROPERTY TO BE ACQUIRED IN FURTHERANCE OF
PHASE 2 OF THE HUDSON PARK AND BOULEVARD PROJECT
Project Objectives and Proposed Acquisitions
Hudson Park and Boulevard is an approximately 4-acre system of tree-lined parks
and open space that was planned to run between 10th and | ith Avenues from West 33rd
to West 39th Streets. The first phase of the Park and Boulevard was completed in 2015
and is located between West 33rd and West 36th Streets.! Phase 2 of the Hudson Park
and Boulevard system (the “Project’’) will extend the Park north, from West 36th to West
39th Streets. The Project will also extend the Boulevard north from West 36th to West
38th Streets. The completed Park and Boulevard is a fundamental element of the new
Hudson Yards district which would continue to bring light to tie mid-block and assisi
with pedestrian and vehicular circulation.
In connection with the Project, the City of New York (“City”) will be acquiring
ten parcels, each of which will be taken either entirely or partially in fee. The City will
also be acquiring a temporary easement over the remainder portion of one of the parcels
that wiil be acquired partially in fee, to allow for removal of the building currently on that
parcel and so that the area can be used for Project staging and construction purposes,
including excavation of soil, rock and other subsurface materials.
Phases | and 2 of the Hudson Park and Boulevard were subject to earlier
government review and approvals. In connection with its approval of the redevelopment
of Hudson Yards, including the No. 7 subway extension and contemplated acquisitions,
the City Council approved the Project in January 2005 by an overwhelming 46-to-I vote,
and an amendment to the City Map was filed in November 2006 to establish this new
Park and Boulevard system. Pursuant to Section 204 of the New York Eminent Domain
Procedure Law (“EDPL”), the City issued a Determination and Findings in 2005 to
exercise its power of condemnation to acquire property necessary for the No. 7 Subway
Extension — Hudson Yards Rezoning and Development Program, which included the
Hudson Park and Boulevard.*
1
'
Property Descriptio:
Attached hereto as Exhibit A is a list of the parcels proposed to be acquired by the
City, including the type of interest in each parcel to be acquired (fee interest in the
entirety of the parcel, fee interest in a portion of the parcel, or temporary easement
interest) (All references to blocks and lots in this Determination and Findings and on
Exhibit A are to the Manhattan Tax Blocks and Lots as they appear on the official New
t The first phase of the Park was recently renamed Bella Abzug Park.
Pursuant to EDPL § 401, this Determination and Findings is necessary because it has been
more than ten years since the final order or judgment on judicial review of the prior
Determination and Findings was issued.
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York City Tax Map). In the event of any conflict between the Block and Lot shown on
Exhibit A and the address shown on Exhibit A, the Block and Lot shall control. The City
reserves the right to acquire a lesser interest in any of the properties shown on Exhibit A,
to take the properties in phases, or to refrain from acquiring any one or more of the
property interests shown on Exhibit A, as dictated by the needs of the Project.
The City will be acquiring all or part of ten parcels. The City will acquire full fee
interests in Block 708 Lots 17 and 48; Block 709 Lots £7, 23 and 52; and Block 710 Lots
15 and 20. The City will acquire a portion of Block 708 Lot 20, Block 709 Lot 31, and
Block 710 Lot 11. Additionally, a temporary easement will be acquired for the remainder
of Block 710 Lot II that is not being acquired in fee. The temporary easement is
expected to be acquired for approximately seven years from acquisition of the easement
and is necessary to allow removal of the building currently on Block 710 Lot 11 and use
of the area for staging and construction purposes, including the excavation of soil, rock
and other subsurface materials, The easement will permit the City to return the property
at the end of the easement period with any excavated items removed. With respect to the
parcels that will be acquired in part, the portions of those parcels that will be acquired,
and the remaining portions that will not be acquired, are shown on the acquisition maps
that were displayed at the public hearing that is described in more detail below, as well as
the Hudson Yards Phase 2 Condemnation Technical Memorandum, dated February 2019,
prepared by VHB, copies of which were made available at the public hearing.
Additionally, the acquisitions will be subject to Amtrak’s right to operate its Empire Line
that runs below grade in the area.
Public Review
On Tuesday, April 30, 2019, a duly noticed public hearing by the City was held in
accordance with the provisions of Article 2 of the EDPL, in order, among other things, to
further inform the public of the Project, to solicit comments from the public on the
proposed acquisitions, to review the proposed acquisitions, the public uses to be served
thereby, and the general impact of the Project on the environment and residents of the
locality where the Project is situated. At that April 30, 2019 public hearing, the City
stated that any comments on the relevant topics not provided at that public hearing were
required to be submitted in writing by May 21, 2019, at 5:00 P.M.
Representatives of the City (including the Department of Citywide Administrative
Services) were present at that April 30, 2019 public hearing and were given the transcript
of that hearing and the written comments subsequently-submitted.
At the hearing, a representative of the Hudson Yards Development Corporation
presented information to the public concerning the public use, benefits, and purposes to
be served by the proposed acquisitions for the Project, the reasons that the real property
interests were proposed to be acquired, and the general effect of the proposed acquisitions
on the environment and residents of the locality. In addition, copies of acquisition maps
showing the specific locations and dimensions of the property interests to be acquired by
the City for the Project were displayed at the hearing and made available upon request.
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Moreover, copies of the November 2004 Executive Summary of the Final Generic
Environmental Impact Statement for the No. 7 Subway Extension - Hudson Yards
Rezoning and Development Program, which included an analysis of this Project, and a
Technical Memorandum, dated February 2019, which concludes that the Project would
not result in significant adverse environmental impacts that were not previously identified
in the Hudson Yards FGEIS, were made available at the hearing. Additionally, Project
site plans and renderings were displayed at the hearing.
The record of the hearing was closed on May 21, 2019 at 5:00 P.M. All
testimony and written comments received at the hearing or by May 21, 2019 at 5:00
P.M., and all materials made available at the hearing, have been reviewed, made a part of
the record, and afforded full consideration.
Findings and Determination
Pursuant to EDPL § 204 and having given due consideration to the complete
hearing record, which includes, among other things, all documents submitted and all
public comments, the City makes the following findings and determination concerning
the above-described acquisitions and the Project:
The Public Use, Benefit, and Purpose To Be Served By The Project [EDPL § 204(3)(1)].
Since Phase | of Hudson Park and Boulevard opened in 2015, this fundamental
element of the new Hudson Yards district has helped transform the area from a desolate
industrial neighborhood to a vibrant, pedestrian-friendly, mixed-use district. The Park
has become the green center at the heart of this newly created neighborhood. With
entrances through each of the newly designed east-west side streets, the Park has
provided much needed open space for area residents, workers and visitors.
The Project will roughly double the size of the existing Park and Boulevard,
providing even more much needed light, air, and open space to an area that is zoned for
high-density development reflective of Manhattan's central business districts and which
has seen an influx of development since the opening of Phase | of the Park and
Boulevard in 2015. In addition, the Project will also help to increase much needed
vehicular and pedestrian circulation in this rapidly growing community. The completion
of the Park and Boulevard will also enhance the livability of the area for current and
future residents.
The increase in development since the opening of Phase | in 2015 made it clear
hat the remainder of Hudson Park and Boulevard between West 36" and West 39°"
Streets should be completed.
Location of Real Property and Reasons for Selection of that Location [EDPL § 204(B)(2)].
The locations of the properties to be acquired are described above and in Exhibit
A attached hereto. The parcels to be acquired were selected in order to provide necessary
increased vehicular and pedestrian circulation and to complete Hudson Park so that
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additional open space and recreation area can be provided to current and future residents
of the community.
Moreover, as discussed above, a temporary easement is required for the remainder
portion of Block 710 Lot 11 (the part of the parcel that is not being acquired in fee) to
allow for removal of the building currently on Block 710 Lot 11, as part of that building
currently sits on land that will be acquired for the Park (the portion of Block 710 Lot II
that the City is acquiring in fee). The temporary easement will also allow for use of the
easement area for demolition, staging and construction for the Project, including the
excavation of soil, rock and other subsurface materials.
General Effect of Real Property Acquisitions on the Environment [EDPL § 204(B)(3)].
The general effects of the property acquisitions described herein as a whole upon
the environment are beneficial in that they would allow the City to continue in its efforts
to take an area of Manhattan that was isolated and underutilized and transform it into a
vibrant, pedestrian-friendly, mixed-used area. important steps toward this goal were
accomplished through the public infrastructure work completed in Phase | of the Hudson
Yards and Boulevard project. Additional acquisition of property interests for Phase 2 will
ensure the continued success of the Hudson Yards and Boulevard project.
An analysis of the environmental impact of the entire No. 7 Subway Extension -
Hudson Yards Rezoning and Development Program, including those elements of the
Program associated with this Project, is included within the Final Generic Impact
Statement (*FGEIS”) for the No. 7 Subway Extension - Hudson Yards Rezoning and
Development Program.
Environmental impacts of the Hudson Yards program were analyzed in
exhaustive detail in the FGEIS. The FGEIS disclosed a number of significant adverse
impacts during construction (air quality, noise and historic resource impacts) and after
construction (community facilities, architectural and historical resources, archaeological
resources, traffic, transit, pedestrian conditions, and noise impacts), most of which could
be mitigated either fully or in part through the mitigation measures described in the
FGEIS. SEQRA findings were issued by the MTA on November 18, 2004 and by the
City on November 22, 2004. The MTA Board and City Planning Commission stated in
the SEQRA findings that: "[t]he significant adverse impacts to community facilities,
noise, and construction period air quality and traffic would be fully mitigated";
“significant adverse impacts to architectural historical resources, archaeological
resources, and construction period noise would remain unmitigated"; and that "[mjany,
but not all, traffic, transit, and pedestrian impacts would also be fully mitigated.” The
decision makers considered the relevant environmental impacts, facts and conclusions
disclosed in the FGEIS and weighed and balanced relevant environmental impacts with
social, economic and other considerations. [t was determined that, consistent with social,
economic and other essential considerations, from among the reasonable alternatives
available, the entire No. 7 Subway Extension - Hudson Yards Rezoning and
Development Program, including those elements of the Program associated with this
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Project, would avoid or minimize adverse environmental impacts to the maximum extent
practicable and that adverse environmental impacts would be avoided or minimized to the
maximum extent practicable by incorporating the mitigation measures described in the
FGEIS.
A Technical Memorandum, dated February 2019, was prepared by VHB to assess
whether the Project would result in any new or different significant adverse
environmental impacts not already identified in the FGEIS. The Technical Memorandum
concluded that the Project would not result in any such impacts.
General Effect of the Proposed Acquisitions on the Residents of the Locality [EDPL §
204(B\G)1.
It is anticipated that the proposed acquisitions will require the relocation of the
occupants of several businesses. At the April 30, 2019 public hearing, the City explained
that owners of property acquired would be entitled to just compensation for the fair
market value of their property. Owners of businesses impacted by the property
acquisitions would also receive relocation assistance including payment of certain
moving costs. These services, at the City’s cost, will also include assessing the individual
relocation needs of each displaced business and identifying alternative locations.
It should also be noted that the Park and Boulevard system has been planned for
over a decade and these locations were designated in the 2005 rezoning and 2006
mapping action that indicated which properties could be utilized for the Project.
Other Relevant Factors [EDPL § 204(B)(4)].
At the public hearing, oral and written comments were received from the public
and written comments were accepted until the close of business on May 21, 2019. Nine
people provided comments on the record at the public hearing. A number of written
comments were received by the Hudson Yards Development Corporation (*HYDC”)
{uring the public comment period. Comments were received from impacted property
owners, local business owners, and other members of the public.
Oral comments were received in support of the Project and the proposed
acquisitions from representatives of Manhattan Community Board 4 and the Hudson
Yards Hell’s Kitchen Alliance and Business Improvement District. Those comments
emphasized (a) the need for more open space within the area of Community Board 4,
which is the 57th-ranked community board out of 59 in terms of open space, and (b) a
desire to proceed with the Project in order to complete the Hudson Park and Boulevard.
Objections were also received, both orally at the hearing and in written
submissions. These objections related to: (a) the displacement of local businesses or
property owners, including their relocation needs; (b) a desire for the City to not acquire
the property located on Block 709 Lot 23 (owned by Affirmation Arts); and (c)
objections from the owner of the property located at $22 West 37" Street (Block 708 Lot
48) due to hardships that would result from the acquisition of that property.
«
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Most of the oral and written comments received were submitted in support of
Affirmation Arts (the owner of Block 709, Lot 23). Most of these comments related to
the cultural significance of Affirmation Arts and its support for artists, art education, the
art community generally, and other non-profit organizations and cultural events.
A few comments proposed changes to the existing design of the Hudson Park &
Boulevard system. These proposed changes included the elimination of the southbound
portion of the Boulevard (along the west side of the Park) between 35th Street and 38th
Street, and the rerouting of the northbound portion of the Boulevard (along the east side
of the Park) to the west of Affirmation Arts in order to maintain the building and avoid
the need to acquire that property. Alternatively, another proposed change would
eliminate the northbound portion of the Boulevard between West 37th Street and West
38th Street while leaving the southbound portion of the Boulevard unchanged.
The Hudson Park and Boulevard was designed to achieve specific planning goals
and principles. These planning principles and goals, among others, are discussed in
planning documents and reports including, but not limited to, the City Planning
Commission’s November 22, 2004 report (N040500(A) ZRM), the 2001 Department of
City Planning’s Far West Midtown Framework for Development, and the February 2003
Department of City Planning’s Master Plan: Preferred Direction. The City has
considered the alternative proposals discussed above, but determined that the City’s
design is consistent with the Project’s planning goals and principles.
All comments have been given due consideration by the City of New York, acting
by and through its Department of Citywide Administrative Services.
DETERMINATION
Based on due consideration of the record and the foregoing findings, it is
determined that the City should exercise its power of condemnation to acquire the above-
described property in order to promote and permit the purposes of the Project to be
achieved,
Copies of this Determination and Findings by the City are available and will be
forwarded without cost and, upon request, by writing or emailing:
The City of New York Law Department
100 Church Street
New York, New York 10007
Attention: Michael Chestnov, Esq.
mchestno@law.nyc.
gov
ATTENTION: ANY PERSON WHO WISHES TO SEEK JUDICIAL REVIEW OF
THIS DETERMINATION AND FINDINGS, OR WHO CLAIMS TO BE
AGGRIEVED BY SUCH DETERMINATION AND FINDINGS AND WISHES TO
CHALLENGE SAME, MUST DO SO, IF AT ALL, (1) BY DULY COMMENCING
A LEGAL PROCEEDING IN| THE APPELLATE DIVISION, FIRST
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DEPARTMENT, 27 MADISON AVENUE, NEW YORK, NEW YORK, NO
LATER THAN SEPTEMBER 16, 2019, OTHERWISE ANY SUCH CHALLENGE
OR JUDICIAL REVIEW MAY BE TIME BARRED, AND @) BY DULY
SERVING A DEMAND UPON THE CITY OF NEW YORK TO FILE THE
RECORD UNDERLYING THIS DETERMINATION AND FINDINGS. THE
APPELLATE DIVISION MAY CONSIDER THE PUBLIC USE, BENEFIT OR
PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND OTHER
MATTERS SET FORTH IN NEW YORK EMINENT DOMAIN PROCEDURE
LAW SECTION 207. UNDER SECTIONS 207 AND 208 OF THE EMINENT
DOMAIN PROCEDURE LAW, THE EXCLUSIVE VENUE FOR ANY
CHALLENGE TO THIS DETERMINATION AND FINDINGS IS THE ABOVE-
DESCRIBED APPELLATE DIVISION. ANYONE WISHING TO CHALLENGE
THIS DETERMINATION AND FINDINGS IS ADVISED TO CONSULT AN
ATTORNEY PROMPTLY.
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Exhibit A
Biock lot Property Address Property Interest Sought
708 17 527-531 West 36" Street Fee
708 Part of 20 515 West 36" Street Fee
708 48 522-524 West 37* Street Fee
709 17 525-539 West 37" Street Fee
i
709 23 521-523 West 37" Street Fee
709 Part of 31 505 West 37" Street Fee
709 52 522 West 38" Street Fee
710 Easterly Part of 535-537 West 38" Street Fee
41 528 West 39" Street
710 Remainder of 11 535-537 West 38" Street Temporary Easement
528 West 39 Street
710 a5 520 West 39" Street Fee
710 20 519-521 West 38" Street Fee
514-516 West 39" Street
86371095
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EXHIBIT B
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Convention Center Hardware & Supplies LLC DCP IMX DIP Lender LLC
617 Ltth Avenue c/o Downtown Capital Partners, LLC
New York, NY 10036 360 Hamilton Avenue. Suite 1110
White Plains, NY 10601
Unisource Data Service Inc.
527-531 West 36th Street, 2nd Floor Hudson 36 LLC
New York. NY 10018 1999 Marcus Avenue. Suite 310
Attn: Stephano Laresse Lake Success. NY 11042
JPMorgan Chase Bank. N.A. Standard Insurance Company
270 Park Avenue. 45th Floor 19225 NW Tanasbourne Drive
New York. NY 10017-2507 Hillsboro, OR 97124
United of Omaha Life Insurance Company JP and V Holdings LLC
Mutual of Omaha Plaza 2254 84th Street
Omaha. NE 68175 Brooklyn. NY 11214
Ridgewood Savings Bank Mid-Town Development Limited Partnership
1981 Marcus Avenue. Suite 110 c/o Phillips Nizer LLP
Lake Success, NY 11042 666 Fifth Avenue
New York. NY 10103
C.G, Grefenstette and L.M. Wagner.
National Railroad Passenger Corp. as Trustees under Agreements of Trust dated 11/16/64
| Massachusetts Avenue. N.W. and 8/28/68 for the benefit of William T. Hillman
Washington. D.C. 20001 1800 Grant Building
Pittsburgh, PA 15219
C.G. Grefenstette and L.M. Wagner,
as Trustees under Agreement of Trust dated 12/30/76 505 West 37, LLC
for the benefit of c/o TF Cornerstone, Inc.
the Children of William T. Hillman 387 Park Avenue South, 7th Floor
1800 Grant Building New York, NY 10016
Piusburgh, PA 15219
86325755
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Midtown West B L.L.C, Landesbank Hessen Thuringen
c/o Rockrose Development Corp. Girozentrale, New York Branch
15 East 26th Sweet. 7th Floor 420 Fifth Avenue
New York. NY 10010 New York. NY 10018-2729
New York State Housing Finance Agency HSBC
641 Lexington Avenue 425 Filth Avenue
New York. NY 10010 New York. NY 10018-2706
522 W, 38th Street. NY LLC Alma Bank
147-25 Northern Blvd, ite 3E 28-31 31st Street
Flushing. NY 11354 Astoria, NY 11102
Citibank. N.A. as Trustee. in Trust for the Folders of
Global Signal Acquisitions [V LLC Deutsche Mortgage & Asset Receiving Corporation.
2000 Corporate Drive DBUBS 2011-LC2 Commercial Mortgage Pass-
Canonsburg, PA 15317 Through Certificates
388 Greenwich Street [4th floor
New York. NY 10013
New Cingular Wireless PCS LLC 528-534 West 39 L.L.C.
1025 Lenox Park Blvd. NE c/o Rockrose Development L.L.C.
Auanta. GA 30319-5309 15 East 26th Street. 7th Floor
New York, NY 10010
Wrilumeo Realty Company Inc. RH Macy & Company Inc.
148 West 38th Street 131 W 34th Street
New York. NY 10018 New York. NY 10001
Jerrart Venture
c/o Phillips Nizer LLP Morlou Realty Associates, L.P.
666 Fifth Avenue 351 Madison Avenue
New York. NY 10103 New York. NY 10022
8632375.1
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Hudson LLC JP & V Holdings LLC
1999 Marcus Avenue, Ste, 310 522 West 37th Street
New Hyde Park. NY 10042 New York. NY 10018
Mid-Town Dvlp Ltd Prtnrs Affirmation Arts Limited
NY Waterway The Hillman Company
4800 Ave AT PT Imperial 310 Grant Street #1800
Weekawken. NJ 07086 Pittsburgh, PA 15219
Midtown West B L.L.C. 522 West 38th St. NY LLC
505 West 37th Street 14725 Northern Blvd
New York. NY 10018 Flushing. NY 11354
Jerrart Venture
Morlou Realty Associates,
coNY Waterway
551 Madison Avenue 10th Fl
4800 Avenue at Port [mperial
New York. NY 10022
Weehawken. NJ 07086
Steven & Francine’s Complete Automotive Repair Inc. Arzie Lee Hardin IL
527 West 36th Street Front A 527 West 36th Street
New York, NY 10018-1125 New York. NY 10018-1125
Maurice M Seruya Steven B Seruya
527 West 36th Street 527 West 36th Street
New York. NY 10018-1125 New York. NY 10018-1125
Minerva M Seruya Sabrina Marie Seruya
527 West 36th Street 527 West 36th Street
New York. NY 10018-1125 New York. NY 10018-1125
8632575, 4
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Mitcel M Seruya Ernest D Seruya
527 West 36th Street 527 West 36th Street
New York. NY 10018-1125 New York. NY 10018-1125
Anna West James Hope
527 West 36th Street 527 West 36th Street
New York. NY 10018-1125 New York. NY 10018-1125
Alex Peter FireStone Tire ~ Firestone
527 West 36th Street 527 West 36th Street
New York. NY 10018-1125 New York, NY 10018-1125
Stefano Larese DeSanto Unisource. Inc.
37 West 57th Street 531 West 36th Floor 2
New York. NY 10019 New York, NY 10018
Unisource. Inc. Hosfelt Gallery
331 West 36th Frnt t 531 West 36th
New York. NY 10018 New York. NY 10018
Group Americar Group Americar Transport
522 West 37th Street #1-3 522 West 37th Street
New York. NY 10018 New York, NY 10018
Americar Transportation L.L.C Kacey Habsberg
522 West 37th Street 522 West 37th Street Floor }
New York. NY 10018 New York. NY 10018
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INDEX NO. 451304/2023
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Daniel Samandarov
34 Line Road Idan Kaden
Holmdel. NJ 07733-1751 522 West 37th Street
New York. NY 10018
Maria Rodriquez Ari Contracting Company
322 West 37th Street 522 West 37th Street
New York. NY 10018 New York. NY 10018
New York Aquarium Service Manhattan Aquariums
322 West 37th Street 522 West 37th Street
New York, NY 10018 New York. NY 10018
Affirmation Arts Limited Corp. Brian Castro
523 West 371th Street 322 West 38th Street
New York, NY 10018 New York. NY 10018
Yuriy [, Shulgan
522 West 38th Street
New York, NY 10018
Al Collision NY Midtown Center Auto Repair Inc.
537 West 38th Street 337 W 38th Street
New York. NY 10018 New York. NY 10018
Alexis Machado Tomur L, Zur
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INDEX NO. 451304/2023 FILED: NEW YORK COUNTY CLERK 06/12/2023 04:36 PM NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 EXHIBIT D 6456272.1 FILED: NEW YORK COUNTY CLERK 06/12/2023 04:36 PM INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 AFFIDAVIT OF MAILING STATE OF NEW YORK } ss. COUNTY OF NEW YORK) BILL BORENSTEIN, being duly sworn, deposes and says: 1. I am over the age of eighteen years, am not a party to this action and am employed by the law firm of Carter Ledyard & Milburn LLP. 2 On Tuesday, August 13, 2019, I placed true and correct copies of the DETERMINATION AND FINDINGS BY THE CITY OF NEW YORK PURSUANT TO EDPL SECTION 04 WITH RESPECT TO CERATIN PROPERTY TO BE ACQUIRED IN FURTHERANCE OF PHASE 2 OF THE HUDSON PARK AND BOULEVARD PROJECT (attached hereto as Exhibit A) in post-paid envelopes addressed: SEE LIST ATTACHED HERETO AS EXHIBIT B On Thursday, August 15, 2019 at 3:40 P.M., I deposited said envelopes with a postal clerk at the United States Post Office located at 1 Whitehall Street, New York, New York, to be dispatched by certified mail, return receipt requested. Attached hereto as Exhibit C 8660798.1 INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 are the certified mailing receipts. Uo Me Bill Borenstein Sworn to before me this Notary Public. MALAS! PINA ANTON! HO state Notary Public, of New York Col Qualtfl fad in KI ings New York county Gertificate Exar Aptil 18, 202: Commiasion Ex 8660798.1 ) YO OU NK 06 04 DM INDEX NO. 451304/2023 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 EXHIBIT A INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 DETERMINATION AND FINDINGS BY THE CITY OF NEW YORK PURSUANT TO EDPL SECTION 204 WITH RESPECT TO CERTAIN PROPERTY TO BE ACQUIRED IN FURTHERANCE OF PHASE 2 OF THE HUDSON PARK AND BOULEVARD PROJECT Project Objectives and Proposed Acquisitions Hudson Park and Boulevard is an approximately 4-acre system of tree-lined parks and open space that was planned to run between 10th and | ith Avenues from West 33rd to West 39th Streets. The first phase of the Park and Boulevard was completed in 2015 and is located between West 33rd and West 36th Streets.! Phase 2 of the Hudson Park and Boulevard system (the “Project’’) will extend the Park north, from West 36th to West 39th Streets. The Project will also extend the Boulevard north from West 36th to West 38th Streets. The completed Park and Boulevard is a fundamental element of the new Hudson Yards district which would continue to bring light to tie mid-block and assisi with pedestrian and vehicular circulation. In connection with the Project, the City of New York (“City”) will be acquiring ten parcels, each of which will be taken either entirely or partially in fee. The City will also be acquiring a temporary easement over the remainder portion of one of the parcels that wiil be acquired partially in fee, to allow for removal of the building currently on that parcel and so that the area can be used for Project staging and construction purposes, including excavation of soil, rock and other subsurface materials. Phases | and 2 of the Hudson Park and Boulevard were subject to earlier government review and approvals. In connection with its approval of the redevelopment of Hudson Yards, including the No. 7 subway extension and contemplated acquisitions, the City Council approved the Project in January 2005 by an overwhelming 46-to-I vote, and an amendment to the City Map was filed in November 2006 to establish this new Park and Boulevard system. Pursuant to Section 204 of the New York Eminent Domain Procedure Law (“EDPL”), the City issued a Determination and Findings in 2005 to exercise its power of condemnation to acquire property necessary for the No. 7 Subway Extension — Hudson Yards Rezoning and Development Program, which included the Hudson Park and Boulevard.* 1 ' Property Descriptio: Attached hereto as Exhibit A is a list of the parcels proposed to be acquired by the City, including the type of interest in each parcel to be acquired (fee interest in the entirety of the parcel, fee interest in a portion of the parcel, or temporary easement interest) (All references to blocks and lots in this Determination and Findings and on Exhibit A are to the Manhattan Tax Blocks and Lots as they appear on the official New t The first phase of the Park was recently renamed Bella Abzug Park. Pursuant to EDPL § 401, this Determination and Findings is necessary because it has been more than ten years since the final order or judgment on judicial review of the prior Determination and Findings was issued. 8637109,1 INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF 06/12/2023 York City Tax Map). In the event of any conflict between the Block and Lot shown on Exhibit A and the address shown on Exhibit A, the Block and Lot shall control. The City reserves the right to acquire a lesser interest in any of the properties shown on Exhibit A, to take the properties in phases, or to refrain from acquiring any one or more of the property interests shown on Exhibit A, as dictated by the needs of the Project. The City will be acquiring all or part of ten parcels. The City will acquire full fee interests in Block 708 Lots 17 and 48; Block 709 Lots £7, 23 and 52; and Block 710 Lots 15 and 20. The City will acquire a portion of Block 708 Lot 20, Block 709 Lot 31, and Block 710 Lot 11. Additionally, a temporary easement will be acquired for the remainder of Block 710 Lot II that is not being acquired in fee. The temporary easement is expected to be acquired for approximately seven years from acquisition of the easement and is necessary to allow removal of the building currently on Block 710 Lot 11 and use of the area for staging and construction purposes, including the excavation of soil, rock and other subsurface materials, The easement will permit the City to return the property at the end of the easement period with any excavated items removed. With respect to the parcels that will be acquired in part, the portions of those parcels that will be acquired, and the remaining portions that will not be acquired, are shown on the acquisition maps that were displayed at the public hearing that is described in more detail below, as well as the Hudson Yards Phase 2 Condemnation Technical Memorandum, dated February 2019, prepared by VHB, copies of which were made available at the public hearing. Additionally, the acquisitions will be subject to Amtrak’s right to operate its Empire Line that runs below grade in the area. Public Review On Tuesday, April 30, 2019, a duly noticed public hearing by the City was held in accordance with the provisions of Article 2 of the EDPL, in order, among other things, to further inform the public of the Project, to solicit comments from the public on the proposed acquisitions, to review the proposed acquisitions, the public uses to be served thereby, and the general impact of the Project on the environment and residents of the locality where the Project is situated. At that April 30, 2019 public hearing, the City stated that any comments on the relevant topics not provided at that public hearing were required to be submitted in writing by May 21, 2019, at 5:00 P.M. Representatives of the City (including the Department of Citywide Administrative Services) were present at that April 30, 2019 public hearing and were given the transcript of that hearing and the written comments subsequently-submitted. At the hearing, a representative of the Hudson Yards Development Corporation presented information to the public concerning the public use, benefits, and purposes to be served by the proposed acquisitions for the Project, the reasons that the real property interests were proposed to be acquired, and the general effect of the proposed acquisitions on the environment and residents of the locality. In addition, copies of acquisition maps showing the specific locations and dimensions of the property interests to be acquired by the City for the Project were displayed at the hearing and made available upon request. 22 86371091 INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Moreover, copies of the November 2004 Executive Summary of the Final Generic Environmental Impact Statement for the No. 7 Subway Extension - Hudson Yards Rezoning and Development Program, which included an analysis of this Project, and a Technical Memorandum, dated February 2019, which concludes that the Project would not result in significant adverse environmental impacts that were not previously identified in the Hudson Yards FGEIS, were made available at the hearing. Additionally, Project site plans and renderings were displayed at the hearing. The record of the hearing was closed on May 21, 2019 at 5:00 P.M. All testimony and written comments received at the hearing or by May 21, 2019 at 5:00 P.M., and all materials made available at the hearing, have been reviewed, made a part of the record, and afforded full consideration. Findings and Determination Pursuant to EDPL § 204 and having given due consideration to the complete hearing record, which includes, among other things, all documents submitted and all public comments, the City makes the following findings and determination concerning the above-described acquisitions and the Project: The Public Use, Benefit, and Purpose To Be Served By The Project [EDPL § 204(3)(1)]. Since Phase | of Hudson Park and Boulevard opened in 2015, this fundamental element of the new Hudson Yards district has helped transform the area from a desolate industrial neighborhood to a vibrant, pedestrian-friendly, mixed-use district. The Park has become the green center at the heart of this newly created neighborhood. With entrances through each of the newly designed east-west side streets, the Park has provided much needed open space for area residents, workers and visitors. The Project will roughly double the size of the existing Park and Boulevard, providing even more much needed light, air, and open space to an area that is zoned for high-density development reflective of Manhattan's central business districts and which has seen an influx of development since the opening of Phase | of the Park and Boulevard in 2015. In addition, the Project will also help to increase much needed vehicular and pedestrian circulation in this rapidly growing community. The completion of the Park and Boulevard will also enhance the livability of the area for current and future residents. The increase in development since the opening of Phase | in 2015 made it clear hat the remainder of Hudson Park and Boulevard between West 36" and West 39°" Streets should be completed. Location of Real Property and Reasons for Selection of that Location [EDPL § 204(B)(2)]. The locations of the properties to be acquired are described above and in Exhibit A attached hereto. The parcels to be acquired were selected in order to provide necessary increased vehicular and pedestrian circulation and to complete Hudson Park so that + 3 8637109.1 INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 additional open space and recreation area can be provided to current and future residents of the community. Moreover, as discussed above, a temporary easement is required for the remainder portion of Block 710 Lot 11 (the part of the parcel that is not being acquired in fee) to allow for removal of the building currently on Block 710 Lot 11, as part of that building currently sits on land that will be acquired for the Park (the portion of Block 710 Lot II that the City is acquiring in fee). The temporary easement will also allow for use of the easement area for demolition, staging and construction for the Project, including the excavation of soil, rock and other subsurface materials. General Effect of Real Property Acquisitions on the Environment [EDPL § 204(B)(3)]. The general effects of the property acquisitions described herein as a whole upon the environment are beneficial in that they would allow the City to continue in its efforts to take an area of Manhattan that was isolated and underutilized and transform it into a vibrant, pedestrian-friendly, mixed-used area. important steps toward this goal were accomplished through the public infrastructure work completed in Phase | of the Hudson Yards and Boulevard project. Additional acquisition of property interests for Phase 2 will ensure the continued success of the Hudson Yards and Boulevard project. An analysis of the environmental impact of the entire No. 7 Subway Extension - Hudson Yards Rezoning and Development Program, including those elements of the Program associated with this Project, is included within the Final Generic Impact Statement (*FGEIS”) for the No. 7 Subway Extension - Hudson Yards Rezoning and Development Program. Environmental impacts of the Hudson Yards program were analyzed in exhaustive detail in the FGEIS. The FGEIS disclosed a number of significant adverse impacts during construction (air quality, noise and historic resource impacts) and after construction (community facilities, architectural and historical resources, archaeological resources, traffic, transit, pedestrian conditions, and noise impacts), most of which could be mitigated either fully or in part through the mitigation measures described in the FGEIS. SEQRA findings were issued by the MTA on November 18, 2004 and by the City on November 22, 2004. The MTA Board and City Planning Commission stated in the SEQRA findings that: "[t]he significant adverse impacts to community facilities, noise, and construction period air quality and traffic would be fully mitigated"; “significant adverse impacts to architectural historical resources, archaeological resources, and construction period noise would remain unmitigated"; and that "[mjany, but not all, traffic, transit, and pedestrian impacts would also be fully mitigated.” The decision makers considered the relevant environmental impacts, facts and conclusions disclosed in the FGEIS and weighed and balanced relevant environmental impacts with social, economic and other considerations. [t was determined that, consistent with social, economic and other essential considerations, from among the reasonable alternatives available, the entire No. 7 Subway Extension - Hudson Yards Rezoning and Development Program, including those elements of the Program associated with this 4 8637109.1 INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Project, would avoid or minimize adverse environmental impacts to the maximum extent practicable and that adverse environmental impacts would be avoided or minimized to the maximum extent practicable by incorporating the mitigation measures described in the FGEIS. A Technical Memorandum, dated February 2019, was prepared by VHB to assess whether the Project would result in any new or different significant adverse environmental impacts not already identified in the FGEIS. The Technical Memorandum concluded that the Project would not result in any such impacts. General Effect of the Proposed Acquisitions on the Residents of the Locality [EDPL § 204(B\G)1. It is anticipated that the proposed acquisitions will require the relocation of the occupants of several businesses. At the April 30, 2019 public hearing, the City explained that owners of property acquired would be entitled to just compensation for the fair market value of their property. Owners of businesses impacted by the property acquisitions would also receive relocation assistance including payment of certain moving costs. These services, at the City’s cost, will also include assessing the individual relocation needs of each displaced business and identifying alternative locations. It should also be noted that the Park and Boulevard system has been planned for over a decade and these locations were designated in the 2005 rezoning and 2006 mapping action that indicated which properties could be utilized for the Project. Other Relevant Factors [EDPL § 204(B)(4)]. At the public hearing, oral and written comments were received from the public and written comments were accepted until the close of business on May 21, 2019. Nine people provided comments on the record at the public hearing. A number of written comments were received by the Hudson Yards Development Corporation (*HYDC”) {uring the public comment period. Comments were received from impacted property owners, local business owners, and other members of the public. Oral comments were received in support of the Project and the proposed acquisitions from representatives of Manhattan Community Board 4 and the Hudson Yards Hell’s Kitchen Alliance and Business Improvement District. Those comments emphasized (a) the need for more open space within the area of Community Board 4, which is the 57th-ranked community board out of 59 in terms of open space, and (b) a desire to proceed with the Project in order to complete the Hudson Park and Boulevard. Objections were also received, both orally at the hearing and in written submissions. These objections related to: (a) the displacement of local businesses or property owners, including their relocation needs; (b) a desire for the City to not acquire the property located on Block 709 Lot 23 (owned by Affirmation Arts); and (c) objections from the owner of the property located at $22 West 37" Street (Block 708 Lot 48) due to hardships that would result from the acquisition of that property. « 5 8637109.1 INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Most of the oral and written comments received were submitted in support of Affirmation Arts (the owner of Block 709, Lot 23). Most of these comments related to the cultural significance of Affirmation Arts and its support for artists, art education, the art community generally, and other non-profit organizations and cultural events. A few comments proposed changes to the existing design of the Hudson Park & Boulevard system. These proposed changes included the elimination of the southbound portion of the Boulevard (along the west side of the Park) between 35th Street and 38th Street, and the rerouting of the northbound portion of the Boulevard (along the east side of the Park) to the west of Affirmation Arts in order to maintain the building and avoid the need to acquire that property. Alternatively, another proposed change would eliminate the northbound portion of the Boulevard between West 37th Street and West 38th Street while leaving the southbound portion of the Boulevard unchanged. The Hudson Park and Boulevard was designed to achieve specific planning goals and principles. These planning principles and goals, among others, are discussed in planning documents and reports including, but not limited to, the City Planning Commission’s November 22, 2004 report (N040500(A) ZRM), the 2001 Department of City Planning’s Far West Midtown Framework for Development, and the February 2003 Department of City Planning’s Master Plan: Preferred Direction. The City has considered the alternative proposals discussed above, but determined that the City’s design is consistent with the Project’s planning goals and principles. All comments have been given due consideration by the City of New York, acting by and through its Department of Citywide Administrative Services. DETERMINATION Based on due consideration of the record and the foregoing findings, it is determined that the City should exercise its power of condemnation to acquire the above- described property in order to promote and permit the purposes of the Project to be achieved, Copies of this Determination and Findings by the City are available and will be forwarded without cost and, upon request, by writing or emailing: The City of New York Law Department 100 Church Street New York, New York 10007 Attention: Michael Chestnov, Esq. mchestno@law.nyc. gov ATTENTION: ANY PERSON WHO WISHES TO SEEK JUDICIAL REVIEW OF THIS DETERMINATION AND FINDINGS, OR WHO CLAIMS TO BE AGGRIEVED BY SUCH DETERMINATION AND FINDINGS AND WISHES TO CHALLENGE SAME, MUST DO SO, IF AT ALL, (1) BY DULY COMMENCING A LEGAL PROCEEDING IN| THE APPELLATE DIVISION, FIRST 6 8637109.1 (FILED: NEW YORK COUNTY CLERK 0671272023 04:36 PM INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 DEPARTMENT, 27 MADISON AVENUE, NEW YORK, NEW YORK, NO LATER THAN SEPTEMBER 16, 2019, OTHERWISE ANY SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME BARRED, AND @) BY DULY SERVING A DEMAND UPON THE CITY OF NEW YORK TO FILE THE RECORD UNDERLYING THIS DETERMINATION AND FINDINGS. THE APPELLATE DIVISION MAY CONSIDER THE PUBLIC USE, BENEFIT OR PURPOSE TO BE SERVED BY THE PROPOSED ACQUISITION AND OTHER MATTERS SET FORTH IN NEW YORK EMINENT DOMAIN PROCEDURE LAW SECTION 207. UNDER SECTIONS 207 AND 208 OF THE EMINENT DOMAIN PROCEDURE LAW, THE EXCLUSIVE VENUE FOR ANY CHALLENGE TO THIS DETERMINATION AND FINDINGS IS THE ABOVE- DESCRIBED APPELLATE DIVISION. ANYONE WISHING TO CHALLENGE THIS DETERMINATION AND FINDINGS IS ADVISED TO CONSULT AN ATTORNEY PROMPTLY. 8637109.) INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Exhibit A Biock lot Property Address Property Interest Sought 708 17 527-531 West 36" Street Fee 708 Part of 20 515 West 36" Street Fee 708 48 522-524 West 37* Street Fee 709 17 525-539 West 37" Street Fee i 709 23 521-523 West 37" Street Fee 709 Part of 31 505 West 37" Street Fee 709 52 522 West 38" Street Fee 710 Easterly Part of 535-537 West 38" Street Fee 41 528 West 39" Street 710 Remainder of 11 535-537 West 38" Street Temporary Easement 528 West 39 Street 710 a5 520 West 39" Street Fee 710 20 519-521 West 38" Street Fee 514-516 West 39" Street 86371095 ) YO OU NK 06 04 DM INDEX NO. 451304/2023 NYSCEF BOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 EXHIBIT B INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Easy Pee!® Labels a Use Avery® Template 5162© Feed Paper —— Bend alang line to expose Pop-up Edge™ AVERY® 515629 11 ‘ i A Convention Center Hardware & Supplies LLC DCP IMX DIP Lender LLC 617 Ltth Avenue c/o Downtown Capital Partners, LLC New York, NY 10036 360 Hamilton Avenue. Suite 1110 White Plains, NY 10601 Unisource Data Service Inc. 527-531 West 36th Street, 2nd Floor Hudson 36 LLC New York. NY 10018 1999 Marcus Avenue. Suite 310 Attn: Stephano Laresse Lake Success. NY 11042 JPMorgan Chase Bank. N.A. Standard Insurance Company 270 Park Avenue. 45th Floor 19225 NW Tanasbourne Drive New York. NY 10017-2507 Hillsboro, OR 97124 United of Omaha Life Insurance Company JP and V Holdings LLC Mutual of Omaha Plaza 2254 84th Street Omaha. NE 68175 Brooklyn. NY 11214 Ridgewood Savings Bank Mid-Town Development Limited Partnership 1981 Marcus Avenue. Suite 110 c/o Phillips Nizer LLP Lake Success, NY 11042 666 Fifth Avenue New York. NY 10103 C.G, Grefenstette and L.M. Wagner. National Railroad Passenger Corp. as Trustees under Agreements of Trust dated 11/16/64 | Massachusetts Avenue. N.W. and 8/28/68 for the benefit of William T. Hillman Washington. D.C. 20001 1800 Grant Building Pittsburgh, PA 15219 C.G. Grefenstette and L.M. Wagner, as Trustees under Agreement of Trust dated 12/30/76 505 West 37, LLC for the benefit of c/o TF Cornerstone, Inc. the Children of William T. Hillman 387 Park Avenue South, 7th Floor 1800 Grant Building New York, NY 10016 Piusburgh, PA 15219 86325755 Etiquettes faciles & peler Sane de Repliez & la hachure afin de www.avery.com INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Easy Peel® Labels a a: Bend along line to 4i Use Avery® Template 5162® Feed Paper a | expose Pop-up Edge™ AVERY® 51622 A Midtown West B L.L.C, Landesbank Hessen Thuringen c/o Rockrose Development Corp. Girozentrale, New York Branch 15 East 26th Sweet. 7th Floor 420 Fifth Avenue New York. NY 10010 New York. NY 10018-2729 New York State Housing Finance Agency HSBC 641 Lexington Avenue 425 Filth Avenue New York. NY 10010 New York. NY 10018-2706 522 W, 38th Street. NY LLC Alma Bank 147-25 Northern Blvd, ite 3E 28-31 31st Street Flushing. NY 11354 Astoria, NY 11102 Citibank. N.A. as Trustee. in Trust for the Folders of Global Signal Acquisitions [V LLC Deutsche Mortgage & Asset Receiving Corporation. 2000 Corporate Drive DBUBS 2011-LC2 Commercial Mortgage Pass- Canonsburg, PA 15317 Through Certificates 388 Greenwich Street [4th floor New York. NY 10013 New Cingular Wireless PCS LLC 528-534 West 39 L.L.C. 1025 Lenox Park Blvd. NE c/o Rockrose Development L.L.C. Auanta. GA 30319-5309 15 East 26th Street. 7th Floor New York, NY 10010 Wrilumeo Realty Company Inc. RH Macy & Company Inc. 148 West 38th Street 131 W 34th Street New York. NY 10018 New York. NY 10001 Jerrart Venture c/o Phillips Nizer LLP Morlou Realty Associates, L.P. 666 Fifth Avenue 351 Madison Avenue New York. NY 10103 New York. NY 10022 8632375.1 Etiquettes faciles a peler _ Cane dn Repliez a la hachure afin de WwWw.averv.com 1' INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Easy Peel® Labels a 1 Bend along line to AVERY® 5162© 1t Use Avery® Template 5162° Feed Paper ome | expose Pop-up Edge™ a a Hudson LLC JP & V Holdings LLC 1999 Marcus Avenue, Ste, 310 522 West 37th Street New Hyde Park. NY 10042 New York. NY 10018 Mid-Town Dvlp Ltd Prtnrs Affirmation Arts Limited NY Waterway The Hillman Company 4800 Ave AT PT Imperial 310 Grant Street #1800 Weekawken. NJ 07086 Pittsburgh, PA 15219 Midtown West B L.L.C. 522 West 38th St. NY LLC 505 West 37th Street 14725 Northern Blvd New York. NY 10018 Flushing. NY 11354 Jerrart Venture Morlou Realty Associates, coNY Waterway 551 Madison Avenue 10th Fl 4800 Avenue at Port [mperial New York. NY 10022 Weehawken. NJ 07086 Steven & Francine’s Complete Automotive Repair Inc. Arzie Lee Hardin IL 527 West 36th Street Front A 527 West 36th Street New York, NY 10018-1125 New York. NY 10018-1125 Maurice M Seruya Steven B Seruya 527 West 36th Street 527 West 36th Street New York. NY 10018-1125 New York. NY 10018-1125 Minerva M Seruya Sabrina Marie Seruya 527 West 36th Street 527 West 36th Street New York. NY 10018-1125 New York. NY 10018-1125 8632575, 4 Etiquettes faciles a peler _ feo Reoliez a fa hachure afin de SAnAnal Avan carn 1 INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 Easy Peel® Labels a na, Bend along line to AVERY® 5162® 'I Use Avery® Template 5162© Feed Paper ee | expose Pop-up Edge™ i Mitcel M Seruya Ernest D Seruya 527 West 36th Street 527 West 36th Street New York. NY 10018-1125 New York. NY 10018-1125 Anna West James Hope 527 West 36th Street 527 West 36th Street New York. NY 10018-1125 New York. NY 10018-1125 Alex Peter FireStone Tire ~ Firestone 527 West 36th Street 527 West 36th Street New York. NY 10018-1125 New York, NY 10018-1125 Stefano Larese DeSanto Unisource. Inc. 37 West 57th Street 531 West 36th Floor 2 New York. NY 10019 New York, NY 10018 Unisource. Inc. Hosfelt Gallery 331 West 36th Frnt t 531 West 36th New York. NY 10018 New York. NY 10018 Group Americar Group Americar Transport 522 West 37th Street #1-3 522 West 37th Street New York. NY 10018 New York, NY 10018 Americar Transportation L.L.C Kacey Habsberg 522 West 37th Street 522 West 37th Street Floor } New York. NY 10018 New York. NY 10018 AO3IS7SE Etiquettes faciles a peler Repliez ala hachure afin de www.avery.com 't Sane de INDEX NO. 451304/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF:06/12/2023 Easy Peel” Labels A 1 Use Avery® Template $162 feed Paper murs Bend along line to expose Pop-up Edger AVERY® 51522 11 i A Daniel Samandarov 34 Line Road Idan Kaden Holmdel. NJ 07733-1751 522 West 37th Street New York. NY 10018 Maria Rodriquez Ari Contracting Company 322 West 37th Street 522 West 37th Street New York. NY 10018 New York. NY 10018 New York Aquarium Service Manhattan Aquariums 322 West 37th Street 522 West 37th Street New York, NY 10018 New York. NY 10018 Affirmation Arts Limited Corp. Brian Castro 523 West 371th Street 322 West 38th Street New York, NY 10018 New York. NY 10018 Yuriy [, Shulgan 522 West 38th Street New York, NY 10018 Al Collision NY Midtown Center Auto Repair Inc. 537 West 38th Street 337 W 38th Street New York. NY 10018 New York. NY 10018 Alexis Machado Tomur L, Zur