Preview
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of the VERIFIED
CLAIM
THE CITY OF NEW YORK
Petitioner, Index No.
451121/2023
With respect to certain property to be acquired in furtherance of Phase 2
of The Hudson Park and Boulevard Project
JP AND V HOLDINGS LLC ("Claimant"), the former owner of premises located at 522
37*
West Street, New York, New York, a/k/a Block 708, Lot 48 on the tax map of the County of
New York, State and City of New York, respectfully shows:
1. That Claimant's post office address is: 2106 Bath Avenue, Brooklyn, New York 11214.
2. That Goldstein, Rikon, Rikon & Levi, P.C. has been retained as attorneys for Claimant.
3. That for the purpose of this proceeding the Claimant's post office address is c/o Goldstein,
Rikon, Rikon & Levi, P.C., 381 Park Avenue South, Suite 901, New York, New York 10016.
4. That the aforementioned property is depicted on the attached Acquisition and Damage Map(s).
"A."
Exhibit
5. That the taking of Claimant's property, as aforesaid, is greatly to Claimant's damage. Claimant
is entitled to just compensation resulting from the fee simple acquisition, and Claimant prays
for a hearing in support of its claim for direct damages resulting from the acquisition of its
property.
6. That the rate of interest on the award, as provided by statute, deprives Claimant of an equal
protection of the laws and of just compensation, and Claimant prays for a just and equitable
interest rate on said award.
7. That Claimant also asks for an addition amount, separately computed, for actual and necessary
costs, disbursements, and expenses including, but not limited to, attorney, appraiser, and
engineer fees actually incurred pursuant to Eminent Domain Procedure Law ("EDPL") §
701.
8. That Claimant also asks for an additional amount, separately computed, for incidental expenses
reimbursable pursuant to EDPL § 702 (A).
1 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
Dated: New York, New York
September 14, 2023
Josh Rikon
GOLDSTEIN, RIKON, RIKON
& LEVI, P.C.
Attorneys for Claimant
381 Park Avenue South, Suite 901
New York, New York 10016
Tel.: (212) 422-4000
2
2 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK)
Jean-Paul Ho, being first duly sworn, deposes and says:
I am the e. iM ee vAL of JP and V Holdings LLC; that I make this Verification
pursuant to CPLR § 3020(d); that I have read the foregoing Claim and know the contents thereof;
that the same is true to my own knowledge, except as to the matters therein stated to be alleged on
information and belief, and that as to those matters, I believe them to be true.
JP and V Holdings LLC
By: Je -Paul Ho
Sworn to me before this
ay of September, 2023
SlU YEE SHUM
Notary Public, State of New York
No. 01SH6014207
Oualified in King
Commission County
Pubhc Expires 10/05/20
Notary
G:\COMMON\HudsonYardsPhase2\2640 Verified Claim.docx
3
3 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
EXHIBIT A
4
4 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
2023 06/27/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
DM-301
/
451121
REFERENCEO
SECDOW
NYSCEF:
NO. ES: QF
MAP
REFEMENC WDLAfiGV
INDEX PER
AS MAP
RECEIVED fQLLOMNG A
NVMBERS
fS AND
SEAL 3
PROFES9QÂ¥AL ACQUISITION
THE LOT SLM¬YOR'S "STAGE
DAMAGE
AND AND
97E, BLOCK
LANDTHE *~"
SUSECT
ft. Or
UMNSED
SEAL
AND 2 ..
maxmo
THE
NOTES 18 THE
AT
MAP YORK
3 AND
BOULEVARD)
STREET,
FOfAvo
NOTEA
MTH
SEARtNC
THE (N LANSTAMPEO
ANDTEMPORARY
STAGE YORK
AVENUE REFERENCEO
CMDfDOVS EDUCATrOM~©tiuom
MAP
TO
48; IN SURWY
NEW (SUBJECT 39TH tNK
LOCATED 8LUE .
NEW PHY5tCAL MAPS STATE
ACQUISITION LOT A
OF TENTH ---
WEST PER TO LANGAN
OF YORK
EMBOSSED
CITY 708,A 2, EMSTM AS
AOOtnCN
SIMPLE FOR
ACQUIRING
11, STATE MDTMSNEW
8Y TO
THE BLOCK mo,--
PHASE
MANHAT“AN UPOV M THEUNLESS
LOT STREET
BOUNDED R.O.WALTERADOW
OF
OF FEE AND BASEC 2,
VAUD
710, MAP AND SUS-DM9QM .
AND
Pl IN TO
APPLICATION tS NAMES NOT
UNAUTHQ912EO..üäHñ"°
AND CITY
36TH EY T
EASEMENTS)
TITLE
BLOCK PLAN 1..w-°ª
SUR
04:08 11; GENERALLY
MANHATFAN, 7209,
OF YARDS WEST DeSCU THSS
Sˆ
ACQUIRING PARK f. 3. 4,
LOTOF BOROUGH 2
AND
THE FROM
OF PART
06/27/2023 RAILROAD
OF PART AREA
OVER AVENUE
DAMAGE TO (HUDSON OF
MATTER HUDSON
710, THE t`
RELATIVE BOROUGH
EASEMENT 6
CERTAIN
BLOCK IN
ELEVENTH
THE LOCATED
unsta
DIMENSt0N
CLERK IN BOULEVARD
UNE DIMENSION
LINE øAncet
WAY UNE
uNEUNE
ACQUISIUCN ACQQrSITION
LOT OF
sTaE£THU0SON LOT BUILDING o^uact
T
COUNTY TAX RIGH AX
T
sco
se-o
YORK -
- TM
23 - .
mo 100'
-
NO. -
NEW -
LEGEND
DOC. -
-
: -
FILED
NYSCEF
A - *
5 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
c -
|
L
O NYSCEF
LOT/0T T FILED
:
XX XX LoTa
XX| DOC.
LEGEND
- - - - -
NO. NEW
OTHER
PHASE
PHASE 23
DAMAGE
2. 2,
NON-PHASE YORK
2 PHASE
2 STAGE
PARCEL STAGE
1 3
&
2
NUMBER
PROPERTIES
PROPERTIES COUN
PROPERTIES
on -
PROPERTIES
----
CLERK
SCALE
IN o
FEET F
.
,,
a
20
4
W WEST :
-
,,..,-..ear., WEST EST WEST
°.. 39TH
..........
36TH 37TH 38TH
----
STREET
STREET STREET STREET
A
wr
m -
.,-.- ...,
\
--
-- we
Ay
I
-8
I
eropa -
-
.,,.3-
-
---
,agap,-,,
HuDsouPARx^No
BOULEVARD,PHASE2
..
a
oro- 151
HUDSON
(HUDSON ANDBLOOtDAMAGE
DAMAGE
STAGE 79%YOllKRIRATIVE1U
mEu«naOF
3
ACQUISmON wE
ORAltTEAEEMENT
PAlIT AND
PARK
AND YARDS OF
RECEIVED
MAP LOT
I
CNERPAlIT
AND INDEX
OF
PHASE muC«nONOF
2, BLOCK mE NO.
NYSCEF:
71%MCERTAINRAlulQADEAEEMENTE)TOB.CK70E,
ACQUISITION 4
anS
BoaOUGHOFMANHATTAN,CITYANDSTATEOFNEW
LOCATEDINTHEBOROUGHOFMANHATTANFOR
T LOT LOTN
1;ANDACQUlillNGA
ORK 11, 4Es
STAGE Ew
ACQUAllNGTrRENFEESIMPLEGUAECT
3
BOULEVARD) MAP 51121
ELEVENTHAVENUEFROMWESTMw5TilEETTOWESTBMS lEET,
LOCATEDINTHEARIAGENERAU.YBOUNDEDBYTENWAVENUEAND
/2023
06/27/2023
6 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
NYSCEF
FILED
DOC.
NO.NEW
23
YORK
COUN
CLERK
4
ÃŽ
LOT
ot"¾ 50
Faranme.
iltripun
sprnkt
is
Chfsopd ocx :
fi
BLOCK
ras
war
(DAMAGE
708
48 wr
L
PARCEL msmar
LOT
1)
48
Mi?MOf|AgecfDNuM.D|rt@ntmeL$enry|CAO
nsom
ANSA
hose
N LOT
20 LOT
43
T
®®17uosS
$£ege3|t7Mt401|r-PR
pots
4""
2 mo
SQ3-Shase2S¤ge3`.9
Dow "'
4117273
Tere DAMAGE
"STAGE
11.OT 3
ACQUISITION
tArer AND
RECEIVED
MAP
yngpf
S INDEX
dr
iap|9.
Le NO.
NYSCEF
;|mn.s|b 4
tapont
51121
DM-301
Bach?DO
06/27/2023
/2023
7 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
NYSCEF
FILED
c
:
DOC.
tze NO. NEW
m LOT
6
23
LOT
58 YORK
BLOCK LOT
11
BLOCK710
ra COUN
710
SAMAGE
PART g 50.09
2? CLERK
PARCELS2&3)
OF asyms,
LOT
LOT 7
11 15
3 PARK
F4sramme.
|
PJÂ¥
.
Cota asse LOT
,
mM m 20
4
op :
NYChMetht
.... WEST LOT 0
/D5Z
I 11
(NOT
"f/ g
tV¾Iect TO a.99
38TH O / ,
-ZaT
DETAIL
Dutst_Gs LOT
109.42'
SCALE) STREET 15
TM
hoeLSmeyC e
LANGA
ADExhongiPhast
N ess·
2\Supe w LOT
3t 6
s?¤9?
LOT
F4s
V " 58
PR "Tivose
tB BLOCK
Phare e^R8
2 LOrBLOCK
$t\\ge mo 710 11
710
3eseg %
G3AMAGE 12N
Dau·AC (IEMPORARY
"-' fs3r27
4tt
PART
ratR?3 PARCEL
4)
Tam. DAMAGE EASEMEND
OF 50.00
t '
t9
s UISmON "hAGE3
'
User AND IN
LOT RECEIVED
MAP
pnqps DE
11 X
5ther LOT
TaNe 15
PARK NO.
La NYSCEF:
as
se
L
yout sr or
8kut m go
f
10 DM-301
y
45112
06/27/2023
8 of 9
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023
c -
NYSCEF
No. FILED
Parcel
Damage
DOC.
1,s) 710 710 708 Block NEW
NO.
No.
23
Pan Pan Pan Let
of of of 48 YORK
,· L· I1 No.
JP
AND
98-534
528-534
528-534
V COUN
Reputed
WEST WES'I
39 WEST39
39
L
L I.... HOLDINGS
Owner
L.I..CC C :
C
CLERK
2
OF 359 4,22(*¹'.'
15,214 Taken
Area
ND NEh in
St.
- L Feel
FM.v4mme 5.214
Preview
FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of the VERIFIED CLAIM THE CITY OF NEW YORK Petitioner, Index No. 451121/2023 With respect to certain property to be acquired in furtherance of Phase 2 of The Hudson Park and Boulevard Project JP AND V HOLDINGS LLC ("Claimant"), the former owner of premises located at 522 37* West Street, New York, New York, a/k/a Block 708, Lot 48 on the tax map of the County of New York, State and City of New York, respectfully shows: 1. That Claimant's post office address is: 2106 Bath Avenue, Brooklyn, New York 11214. 2. That Goldstein, Rikon, Rikon & Levi, P.C. has been retained as attorneys for Claimant. 3. That for the purpose of this proceeding the Claimant's post office address is c/o Goldstein, Rikon, Rikon & Levi, P.C., 381 Park Avenue South, Suite 901, New York, New York 10016. 4. That the aforementioned property is depicted on the attached Acquisition and Damage Map(s). "A." Exhibit 5. That the taking of Claimant's property, as aforesaid, is greatly to Claimant's damage. Claimant is entitled to just compensation resulting from the fee simple acquisition, and Claimant prays for a hearing in support of its claim for direct damages resulting from the acquisition of its property. 6. That the rate of interest on the award, as provided by statute, deprives Claimant of an equal protection of the laws and of just compensation, and Claimant prays for a just and equitable interest rate on said award. 7. That Claimant also asks for an addition amount, separately computed, for actual and necessary costs, disbursements, and expenses including, but not limited to, attorney, appraiser, and engineer fees actually incurred pursuant to Eminent Domain Procedure Law ("EDPL") § 701. 8. That Claimant also asks for an additional amount, separately computed, for incidental expenses reimbursable pursuant to EDPL § 702 (A). 1 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 Dated: New York, New York September 14, 2023 Josh Rikon GOLDSTEIN, RIKON, RIKON & LEVI, P.C. Attorneys for Claimant 381 Park Avenue South, Suite 901 New York, New York 10016 Tel.: (212) 422-4000 2 2 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK) Jean-Paul Ho, being first duly sworn, deposes and says: I am the e. iM ee vAL of JP and V Holdings LLC; that I make this Verification pursuant to CPLR § 3020(d); that I have read the foregoing Claim and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, I believe them to be true. JP and V Holdings LLC By: Je -Paul Ho Sworn to me before this ay of September, 2023 SlU YEE SHUM Notary Public, State of New York No. 01SH6014207 Oualified in King Commission County Pubhc Expires 10/05/20 Notary G:\COMMON\HudsonYardsPhase2\2640 Verified Claim.docx 3 3 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 EXHIBIT A 4 4 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 2023 06/27/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 DM-301 / 451121 REFERENCEO SECDOW NYSCEF: NO. ES: QF MAP REFEMENC WDLAfiGV INDEX PER AS MAP RECEIVED fQLLOMNG A NVMBERS fS AND SEAL 3 PROFES9Q¥AL ACQUISITION THE LOT SLM¬YOR'S "STAGE DAMAGE AND AND 97E, BLOCK LANDTHE *~" SUSECT ft. Or UMNSED SEAL AND 2 .. maxmo THE NOTES 18 THE AT MAP YORK 3 AND BOULEVARD) STREET, FOfAvo NOTEA MTH SEARtNC THE (N LANSTAMPEO ANDTEMPORARY STAGE YORK AVENUE REFERENCEO CMDfDOVS EDUCATrOM~©tiuom MAP TO 48; IN SURWY NEW (SUBJECT 39TH tNK LOCATED 8LUE . NEW PHY5tCAL MAPS STATE ACQUISITION LOT A OF TENTH --- WEST PER TO LANGAN OF YORK EMBOSSED CITY 708,A 2, EMSTM AS AOOtnCN SIMPLE FOR ACQUIRING 11, STATE MDTMSNEW 8Y TO THE BLOCK mo,-- PHASE MANHAT“AN UPOV M THEUNLESS LOT STREET BOUNDED R.O.WALTERADOW OF OF FEE AND BASEC 2, VAUD 710, MAP AND SUS-DM9QM . AND Pl IN TO APPLICATION tS NAMES NOT UNAUTHQ912EO..üäHñ"° AND CITY 36TH EY T EASEMENTS) TITLE BLOCK PLAN 1..w-°ª SUR 04:08 11; GENERALLY MANHATFAN, 7209, OF YARDS WEST DeSCU THSS Sˆ ACQUIRING PARK f. 3. 4, LOTOF BOROUGH 2 AND THE FROM OF PART 06/27/2023 RAILROAD OF PART AREA OVER AVENUE DAMAGE TO (HUDSON OF MATTER HUDSON 710, THE t` RELATIVE BOROUGH EASEMENT 6 CERTAIN BLOCK IN ELEVENTH THE LOCATED unsta DIMENSt0N CLERK IN BOULEVARD UNE DIMENSION LINE øAncet WAY UNE uNEUNE ACQUISIUCN ACQQrSITION LOT OF sTaE£THU0SON LOT BUILDING o^uact T COUNTY TAX RIGH AX T sco se-o YORK - - TM 23 - . mo 100' - NO. - NEW - LEGEND DOC. - - : - FILED NYSCEF A - * 5 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 c - | L O NYSCEF LOT/0T T FILED : XX XX LoTa XX| DOC. LEGEND - - - - - NO. NEW OTHER PHASE PHASE 23 DAMAGE 2. 2, NON-PHASE YORK 2 PHASE 2 STAGE PARCEL STAGE 1 3 & 2 NUMBER PROPERTIES PROPERTIES COUN PROPERTIES on - PROPERTIES ---- CLERK SCALE IN o FEET F . ,, a 20 4 W WEST : - ,,..,-..ear., WEST EST WEST °.. 39TH .......... 36TH 37TH 38TH ---- STREET STREET STREET STREET A wr m - .,-.- ..., \ -- -- we Ay I -8 I eropa - - .,,.3- - --- ,agap,-,, HuDsouPARx^No BOULEVARD,PHASE2 .. a oro- 151 HUDSON (HUDSON ANDBLOOtDAMAGE DAMAGE STAGE 79%YOllKRIRATIVE1U mEu«naOF 3 ACQUISmON wE ORAltTEAEEMENT PAlIT AND PARK AND YARDS OF RECEIVED MAP LOT I CNERPAlIT AND INDEX OF PHASE muC«nONOF 2, BLOCK mE NO. NYSCEF: 71%MCERTAINRAlulQADEAEEMENTE)TOB.CK70E, ACQUISITION 4 anS BoaOUGHOFMANHATTAN,CITYANDSTATEOFNEW LOCATEDINTHEBOROUGHOFMANHATTANFOR T LOT LOTN 1;ANDACQUlillNGA ORK 11, 4Es STAGE Ew ACQUAllNGTrRENFEESIMPLEGUAECT 3 BOULEVARD) MAP 51121 ELEVENTHAVENUEFROMWESTMw5TilEETTOWESTBMS lEET, LOCATEDINTHEARIAGENERAU.YBOUNDEDBYTENWAVENUEAND /2023 06/27/2023 6 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 NYSCEF FILED DOC. NO.NEW 23 YORK COUN CLERK 4 Î LOT ot"¾ 50 Faranme. iltripun sprnkt is Chfsopd ocx : fi BLOCK ras war (DAMAGE 708 48 wr L PARCEL msmar LOT 1) 48 Mi?MOf|AgecfDNuM.D|rt@ntmeL$enry|CAO nsom ANSA hose N LOT 20 LOT 43 T ®®17uosS $£ege3|t7Mt401|r-PR pots 4"" 2 mo SQ3-Shase2S¤ge3`.9 Dow "' 4117273 Tere DAMAGE "STAGE 11.OT 3 ACQUISITION tArer AND RECEIVED MAP yngpf S INDEX dr iap|9. Le NO. NYSCEF ;|mn.s|b 4 tapont 51121 DM-301 Bach?DO 06/27/2023 /2023 7 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 NYSCEF FILED c : DOC. tze NO. NEW m LOT 6 23 LOT 58 YORK BLOCK LOT 11 BLOCK710 ra COUN 710 SAMAGE PART g 50.09 2? CLERK PARCELS2&3) OF asyms, LOT LOT 7 11 15 3 PARK F4sramme. | PJ¥ . Cota asse LOT , mM m 20 4 op : NYChMetht .... WEST LOT 0 /D5Z I 11 (NOT "f/ g tV¾Iect TO a.99 38TH O / , -ZaT DETAIL Dutst_Gs LOT 109.42' SCALE) STREET 15 TM hoeLSmeyC e LANGA ADExhongiPhast N ess· 2\Supe w LOT 3t 6 s?¤9? LOT F4s V " 58 PR "Tivose tB BLOCK Phare e^R8 2 LOrBLOCK $t\\ge mo 710 11 710 3eseg % G3AMAGE 12N Dau·AC (IEMPORARY "-' fs3r27 4tt PART ratR?3 PARCEL 4) Tam. DAMAGE EASEMEND OF 50.00 t ' t9 s UISmON "hAGE3 ' User AND IN LOT RECEIVED MAP pnqps DE 11 X 5ther LOT TaNe 15 PARK NO. La NYSCEF: as se L yout sr or 8kut m go f 10 DM-301 y 45112 06/27/2023 8 of 9 FILED: NEW YORK COUNTY CLERK 09/26/2023 10:59 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/26/2023 c - NYSCEF No. FILED Parcel Damage DOC. 1,s) 710 710 708 Block NEW NO. No. 23 Pan Pan Pan Let of of of 48 YORK ,· L· I1 No. JP AND 98-534 528-534 528-534 V COUN Reputed WEST WES'I 39 WEST39 39 L L I.... HOLDINGS Owner L.I..CC C : C CLERK 2 OF 359 4,22(*¹'.' 15,214 Taken Area ND NEh in St. - L Feel FM.v4mme 5.214