Preview
FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
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, 451121/2023
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 11; all Located in the Borough of Manhattan, Required as
Part of the
HUDSON PARK AND BOULDEVARD PROJECT,
PHASE 2, STAGE 3
x
New York Aquarium Services, Inc. ("Claimant"), the former owner of trade fixtures located
37th
at 522 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 (and identified as Damage Parcel 1 on the
Hudson Park Boulevard, Phase 2, Stage 3 Damage and Acquisition Map (Exhibit "A.")),
respectfully shows:
1. That Claimant's post office address is: 1811 W. Monterey Avenue, Burbank, CA 91506.
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.
"B."
4. A schedule of fixtures is attached as Exhibit
5. That the taking of Claimant's property, as aforesaid, causes Claimant significant 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 damages resulting from the
acquisition of its property.
6. That the rate of interest on the award, as provided by statute, deprives Claimant of equal
protection of the laws and ofjust compensation, and Claimant prays for a just and equitable
interest rate on said award.
7. That Claimant also asks for an additional amount, separately computed, for actual and
necessary costs, disbursements, and expenses including, but not limited to, attorney,
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
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).
Dated: New York, New York
November 27, 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
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
VERI FICATION
STATE OF GAMEORNIA )
) ss:
COUNTY OF NewYruk)
Joseph Caparatta, being first duly sworn, deposes and says:
I am the OU¾er of New York Aquarium Services, Inc.; that I make this
Verification pursuant to New York 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.
New York Aquarium Services, Inc.
By oseph Caparatta
Sworn to me before this
..3tÛday of November, 2023
Notary Publi(
G TOMMONtHudsonYardsPhase2\2663 veriGed Claim.docx
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
EXHIBIT A
4
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
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DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
EXHIBIT B
5
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Fixture Inventory
Manhattan Aquariums
522 West 375 Street
New York, New York 10018
Title Vesting Date
June 27, 2023
Prepared for
Goldstein, Rikon, Rikon & Levi, P.C.
381 Park Avenue South (Suite 901)
New York, New York 10016
© Benchmark Consulting Appraisers, Inc.
2023 All Rights Reserved
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
37"2
522 West Street
New York, New York
Itemization CRC DEP CSV
Exterior
1. One, Custom, Extended
Facade Mounted Sign,
having brushed aluminum
field finish and body,
with custom crafted
illuminated polycarbonate
"logos"
raised letters and
as follows:
A. Curved basic sign
structure extending
48"
from facade,
24'
front face x 52"H
for a total of 140± SF
heavy gauge aluminum
facia;
B. 8- galvanized steel
"L"
mounting brackets
shaped 5 LF each of
1/2"x2"
metal having
2- 1"x6"
anchor bolts
into masonry each and
welded to sign face
2"
8 locations / per
weld;
C. 18- 24"Hx3"D polycarbonate
illuminated letters
"Manhattan Aquariums";
D. Three, rained custom
drop"
created "water
logo's illuminated,
each 42"Hx24"Wx3"D;
and
-1-
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
522 West 375
Street
New York, New York
Itemization CRC DEP CSV
continued
E. One, power supply
line in protected
shielded cable with
connection box, fed
from local panel with
1/2"
50± LF, galvanized
conduit, containing 220± LF
#12 copper wire with devices
and having integrated 24 hour
timer switch control, and
light sensor switch.
2.
"Outrigger" Sign
One,
consisting of a fabric
banner with thelettering
Aquariums"
"Manhattan with
"logo"
8"H letters, components
as follows:
A. Two, 1-1/2"x30"L
pipe extensions on
flange base from
masonry facade; and
B. One, fabric banner
18"Wx108"H installed
30± feet above grade.
3. One, Exterior Mounted
"Explosion Proof"
Lighting
Fixture, 150 Watt, in a
steel protective cage
with assembly, complete
12"
with boring through
masonry, weatherproof box
1/2"
and 45± LF, galvanized
conduit with 150± LF #12
copper wire and one light
sensitive control switch.
-2-
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
522 West 375 Street
New York, New York
Itemization CRC DEP CSV
4. One, Curb Cut, With
Replacement Reinforced
Sidewalk Installation
as follows:
A. One, 13'L curb
cut;
B. 138± SF removal
4"
of standard
sidewalk;
C. 138± SF, excavation
6"
of soil, deep;
D. Disposal of
4.3 cu. yds.
of debris, haul
and dump;
E. Install 138 SF,
3/4"
stone base
4"D, rolled and
compressed; and
F. Installation of
138± SF, 6"T high
strength concrete
with steel mesh
reinforcement.
5. 165± SF , Masonry Wall
Demolition, consisting
of:
A. 52± LF, 12"T
masonry wall
4"
cutting brick
8"
with concrete
block;
-3-
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
522 West 375 Street
New York, New York
Itemization CRC DEP CSV
continued
B. 165 SF, demolition
of severed concrete
facade 12"T; and
C. 6.2± cu. yds.,
loading hauling
and dumping of
debris.
6. 59± SF Grouting in
preparation for and
12"
including 59 LF
channel steel framing
and support for opening
to loading dock area.
7. Installation of 17'L+
8" "I"
Steel Beam Lintel
above door opening.
8. One, Rolldown Coiling
Galvanized Steel Gate,
10'3"Wx15'H, complete
with chain hoist operating
mechanism, receiver hood,
2"x2"
angle iron hinged
over"
"close chain hoist
enclosure with welded
hasps and heavy duty
padlocks.
9. Hand Painted Lettering
& Logo on steel gates:
A. One, white and
"logo"
blue
(water drop)
53"Hx28"W;
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
37*25
522 West Street
New York, New York
Itemization CRC DEP CSV
continued
B. 12"H, lettering
"Manhattan Aquariums";
C. 6"H, lettering
"H", "NY", "A",
"S"; and
D. 3"H, lettering
"of"
"ome",
"quarium", "ervice".
10. Two, Sheet Metal Signs,
baked enamel finish,
"stock"
type:
A. One, "No Parking/
active driveway";
and
B. One, "Warning/
security cameras
use"
in with camera
illustration.
11. Three, Raised Aluminum
Numerals, affixed to
building facade on
brick veneer, 5"H,
"522".
12. Demolition of 60 SF
of 12"T Masonry Facade,
to create doorway opening
for shop, as follows:
A. 32± LF, saw
cutting of
12"T masonry
wall;
-5-
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
522 West 375 Street
New York, New York
Itemization CRC DEP CSV
continued
B. Demolition of
60 SF facade;
and
C. Disposal of
3.2 cu. yds.
of debris.
13. Installation of Steel
Support Lintel, 8'L,
complete with grouting
of opening 32± SF and
12"
installation of two
channel steel side caps,
for mounting of entry
door system.
14. One, Glass Entry Door
System, 6'Wx8'H with
12"H glass transom above,
all framing for transom,
sides, threshold and pivot
hinges are stainless steel,
doors have lower cylinder
locks in bottom stainless
steel channel frame, doors
are 1/2"T tempered glass.
15. One, Rolldown , Galvanized
Steel, Manual Operation,
Security Gate, 6'Wx12'Fi
having receiver hood,
3"
full channel steel
frame anchored to masonry,
welded hasps and heavy
duty padlocks.
-6-
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
37t25
522 West Street
New York , New York
Itemization CRC DEP CSV
16. One, Custom Created and
Installed Safety Railing
78"Lx34"H overall, having
two sections and mostly
2"x1"
built of box steel
framework as follows:
A. Section One, mounted
to steel anchor bar
1-1/2"x1/2"T to
masonry facade
34"Hx34"L approx.
1"x2"
21 LF steel
members 10 weld points
with 3- welded mountings
to side brace and one
anchor into granite 30"D;
and
B. Section Two, swing
capable gate, 34"Wx34"H,
1"x2"
12± LF, box steel
members, 4 weld points,
5"
two steel hinges to
a post on section one,
one "slide barrel type
lock 7"L to open gate
for loading boxes,
entire unit painted
prime and two coats
enamel.
17. Three Windows, having
security bars in place,
6'x6'
each window or
36 SF, steel bars in
steel permanently
affixed frames,
painted.
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
37*²¹
522 West Street
New York, New York
Itemization CRC DEP CSV
18. One, Window Mounted
Sign, illuminated,
"LED"
lamping, stock
type, 24"Wx12"H ceiling
hung by chains, "OPEN",
complete with 20 Amp
dedicated duplex
receptacle assembly.
19. One, Exterior Mounted
"Domned", Security Camera,
having low light capability,
complete with wiring back
to system.
Interior M'ain Floor
Front - Side
Easterly
Loading Dock Area
20. One, Divider/Partition
Wall, to divide loading
dock from retail shop,
2"x4"
9'Hx30'L, stud
12"
frame set o.c.
sheathed both sides
5/8"
with two layers
fire retardant sheetrock,
all taped finished and
painted prime and two
coats latex.
21. One, Sliding Dock Access
Door, solid core fire
rated wooden construction,
formica clad, pocket door,
48"Wx84"H, complete with
all hardware, and frame.
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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023
Manhattan Aquariums
522 West 375 Street
New York, New York
Itemization CRC DEP CSV
22. 220± SF, Loading Dock
Supportive Paving,
4"- 4"
consisting of 3 /
crushed stone base,
6"T high strength
concrete with steel
mesh reinforcing
installed complete
"float"
with finish.
96"
23. One, 2 Tube Fluorescent
Fixture, surface mounted,
complete with wiring box,
BX Whip and 20± LF, galvanized
conduit, power supply with
70± LF #12 copper wire and
one single pole toggle switch
assembly.
24. Two, Quadruplex Receptacles,
Conduit Run,