Motion-Secondary: In The Matter Of The Application Of The City Of York, 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 BOULEVARD PROJECT, PHASE 2, STAGE 3 v. None

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                                At IAS Part 17 of the Supreme Court of the
                                                            State of New York, held in and for the
                                                            County of New York, at the Courthouse,
                                                            located at 60 Centre Street, New York, New
                                                            York, on the ___ day of December, 2023.

PRESENT:
        Hon. Shlomo S. Hagler,
                                  Justice.
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 In the Matter of the Application of                                                  :
                                                                                      : Index No. 451121/2023
 THE CITY OF NEW YORK,                                                                :
                                                                                      :
                               Petitioner,
                                                                                      : CONSENT
 To Acquire by Exercise of its Powers of Eminent Domain,                              : ORDER
                                                                                      :
 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                                                   :
                                                                                      :
                                                                                      X
 HUDSON PARK AND BOULEVARD PROJECT,
                                                                                      :
 PHASE 2, STAGE 3.                                                                    :
                                                                                      :
 ------------------------------------------
                                                                                      :
 This Order relates to Occupants Manhattan Checker                                    :
 Management Corp., Midtown Center Auto Repair Inc., and :
 A-1 Towing & Auto Repair Inc.                                                        :
 535-537 West 38th Street and 528 West 39th Street                                    :
 N.Y. County Tax Map Block 710, Lot 11.                                               :
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        WHEREAS, Petitioner, the City of New York (the “City”), having applied to this Court

for an Order granting the City a Writ of Assistance pursuant to Section 405 of the Eminent

Domain Procedure Law (“EDPL”), by way of letter application dated December 1, 2023, to

deliver to the City possession of the portions of the property with addresses of 535-537 West


11242719.2
38th Street and 528 West 39th Street (also known as Manhattan Tax Block 710, Lot 11) (the

“710/11 Property”) that are currently occupied by Manhattan Checker Management Corp.

and its affiliated entities Midtown Center Auto Repair Inc. and A-1 Towing & Auto Repair

Inc. (collectively, the “Manhattan Checker Entities”), such portions of the 710/11 Property

being the first floor and part of the second floor of the building located on the Property (the

“Manhattan Checker Space”), and requesting certain other relief;

       WHEREAS, the City has issued its November 29, 2023 letter offering to pay the

advance payment to Manhattan Checker Management Corp. (subject to title clearance) as

required by EDPL § 405(A), prior to bringing the instant application;

       NOW, THEREFORE, upon reading and filing the letter application from Michael H.

Bauscher, dated December 1, 2023, and the Manhattan Checker Entities having consented to

said application on December 1, 2023, and due deliberation having been had thereon;

       NOW upon application of Carter Ledyard & Milburn LLP, attorneys for the City, and

upon the consent of the Manhattan Checker Entities, it is

       ORDERED that the City’s application for a Writ of Assistance is granted to the extent

that each of the Manhattan Checker Entities is directed to wholly vacate, quit, surrender, and

relinquish occupancy and possession of the Manhattan Checker Space by January 2, 2024,

with all personal property remaining at the Manhattan Checker Space on that date being

deemed abandoned; and it is further

       ORDERED that should any of the Manhattan Checker Entities fail to so vacate the

Manhattan Checker Space on or before January 2, 2024, then the Sheriff of the City of New

York (the “Sheriff”) is hereby ordered, without further order or direction from this Court, to

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11242719.2
enter forthwith upon the Manhattan Checker Space and all parts thereof and remove any and

all occupants from the Manhattan Checker Space and to deliver full and complete possession

thereto to the City; and this Order shall be executed by the Sheriff as though it were an

execution for the delivery of possession of premises, and the Sheriff shall provide any notice

to the Manhattan Checker Entities that it is legally required to provide; and no other notice

beyond what the Sheriff is legally required to provide to effectuate this Order is required to be

provided to the Manhattan Checker Entities or anyone else; and it is further

       ORDERED that service of a certified copy of this Order upon the Sheriff and payment

to the Sheriff by the City of statutory fees, if any, due to the Sheriff shall be deemed good and

sufficient service for the purpose of requiring the Sheriff to execute upon and enforce this

Order without any further direction from this Court; and it is further

       ORDERED that any preliminary notice that is required to effectuate the execution of

this Order by the Sheriff may be served forthwith.

                                                     E N T E R:

                                                     _________________________
                                                     Justice of the Supreme Court

The foregoing is consented and agreed to:

CARTER LEDYARD & MILBURN LLP

By: ________________________________
       John R. Casolaro, Esq.
       Michael H. Bauscher, Esq.
28 Liberty Street
New York, New York 10005
(212) 732-3200
Co-counsel for Condemnor, The City of New York

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11242719.2
HERRICK,                    FEINSTEIN                     LLP


By:

              Jenhifer                Polovetsky,                  Esq.

2 Park        Avenue

New         York,           New           York        10016

(212)        592-1417



LAW          OFF)                     S   O       HI,               A.    SANCHEZ



By:
                       li         S              z,            .

420     L       in          on            venu           Suite       300

New            ork,         New           York         10170

(212)        209-3397



Co-counsel                  for       Occupants,               Manhattan            Checker         Management        Corp.,
Midtown               Center              Auto        Repair         Inc.,    and   A-1   Towing        &   Auto   Repair      Inc.




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