On April 19, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
In The Matter Of The Application Of The Metropolitan Transportation Authority Relative To Acquiring Fee Title In Real Property Required For The Second Avenue Subway Project - Phase 2, Contract 2 Block 1784, Lots 23, 24, 25, 26, 27, 28, 120, 122 And 128,
and
N A,
for Real Property - Condemnation
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of the Metropolitan
Transportation Authority relative to acquiring fee title in
real property required for the
SECOND AVENUE SUBWAY PROJECT –
Index No.
PHASE 2, CONTRACT 2
NOTICE OF PETITION
BLOCK 1784, LOTS 23, 24, 25, 26, 27, 28, 120, 122
and 128 (FEE),
as said property is shown on the current Tax Map of the
Borough of Manhattan, City and State of New York.
PLEASE TAKE NOTICE, that upon the annexed Verified Petition (the “Petition”)
of the Metropolitan Transportation Authority (“MTA”), verified on April 11, 2023, and upon the
exhibits annexed thereto, an application will be made by MTA, through its attorneys Applebaum
Katz Brodsky PLLC, to the Supreme Court of the State of New York, New York County, at Motion
Submission Part, to be held in and for New York County, at the County Courthouse, 60 Centre
Street, Room 130, in the Borough of Manhattan, City of New York, on the 22nd day of May, 2023
at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order:
(1) granting the Petition in all respects;
(2) authorizing MTA to file the acquisition maps in the office of the Clerk of
New York County or the Office of the City Register, Borough of Manhattan;
(3) directing that upon the filing of the Order and the acquisition maps with the
said Clerk of New York County or the City Register, title to all of the property sought to be
acquired pursuant to the Petition and described in the acquisition maps (collectively, the
“Property”) shall vest in MTA, together with the legal right of possession;
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FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/27/2023
(4) providing that the compensation, which should be made to the respective
owners of, or persons interested in, the Property, shall be ascertained and determined by this Court
without a jury;
(5) directing that within thirty (30) days after vesting title to the Property, MTA
shall cause a copy of the Notice of Acquisition to be served upon each condemnee, or its attorney
of record, pursuant to the Civil Practice Law and Rules;
(6) directing that each condemnee shall have a period of one hundred
twenty(120) days from the date of service of said notice to file a written claim for damages with the Clerk of
this Court and to serve a copy upon Applebaum Katz Brodsky PLLC, 112 West 34th Street, New York, New
York 10120; and
(7) granting MTA such other and further relief as this Court deems just and
proper.
The Property in which MTA seeks to acquire fee title pursuant to the Petition is more
particularly described as follows:
Block/Lot Address
1784/23 2327 Second Avenue
1784/24 2329 Second Avenue
1784/25 2331 Second Avenue
1784/26 2333 Second Avenue
1784/27 2335 Second Avenue
1784/28 2337 Second Avenue
1784/120 N/A East 119th Street
1784/122 2325 Second Avenue
1784/128 246 East 120th Street
as shown on the current Tax Map of the City of New York, for the Borough of Manhattan, New
York County.
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FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/27/2023
Each of these parcels is more particularly bounded and described on the acquisition
maps, with metes and bounds descriptions, annexed to the Petition herein as Exhibit A.
Dated: New York, New York
April 11, 2023
APPLEBAUM KATZ BRODSKY PLLC
By:
Kenneth J. Applebaum
Adam H. Brodsky
Attorneys for Metropolitan Transportation Authority
112 West 34th Street
New York, New York 10120
(929) 352-1954
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Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of the Metropolitan Transportation Authority relative to acquiring fee title in real property required for the SECOND AVENUE SUBWAY PROJECT – Index No. PHASE 2, CONTRACT 2 NOTICE OF PETITION BLOCK 1784, LOTS 23, 24, 25, 26, 27, 28, 120, 122 and 128 (FEE), as said property is shown on the current Tax Map of the Borough of Manhattan, City and State of New York. PLEASE TAKE NOTICE, that upon the annexed Verified Petition (the “Petition”) of the Metropolitan Transportation Authority (“MTA”), verified on April 11, 2023, and upon the exhibits annexed thereto, an application will be made by MTA, through its attorneys Applebaum Katz Brodsky PLLC, to the Supreme Court of the State of New York, New York County, at Motion Submission Part, to be held in and for New York County, at the County Courthouse, 60 Centre Street, Room 130, in the Borough of Manhattan, City of New York, on the 22nd day of May, 2023 at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order: (1) granting the Petition in all respects; (2) authorizing MTA to file the acquisition maps in the office of the Clerk of New York County or the Office of the City Register, Borough of Manhattan; (3) directing that upon the filing of the Order and the acquisition maps with the said Clerk of New York County or the City Register, title to all of the property sought to be acquired pursuant to the Petition and described in the acquisition maps (collectively, the “Property”) shall vest in MTA, together with the legal right of possession; 2 1 of 3 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/27/2023 (4) providing that the compensation, which should be made to the respective owners of, or persons interested in, the Property, shall be ascertained and determined by this Court without a jury; (5) directing that within thirty (30) days after vesting title to the Property, MTA shall cause a copy of the Notice of Acquisition to be served upon each condemnee, or its attorney of record, pursuant to the Civil Practice Law and Rules; (6) directing that each condemnee shall have a period of one hundred twenty(120) days from the date of service of said notice to file a written claim for damages with the Clerk of this Court and to serve a copy upon Applebaum Katz Brodsky PLLC, 112 West 34th Street, New York, New York 10120; and (7) granting MTA such other and further relief as this Court deems just and proper. The Property in which MTA seeks to acquire fee title pursuant to the Petition is more particularly described as follows: Block/Lot Address 1784/23 2327 Second Avenue 1784/24 2329 Second Avenue 1784/25 2331 Second Avenue 1784/26 2333 Second Avenue 1784/27 2335 Second Avenue 1784/28 2337 Second Avenue 1784/120 N/A East 119th Street 1784/122 2325 Second Avenue 1784/128 246 East 120th Street as shown on the current Tax Map of the City of New York, for the Borough of Manhattan, New York County. 3 2 of 3 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/27/2023 Each of these parcels is more particularly bounded and described on the acquisition maps, with metes and bounds descriptions, annexed to the Petition herein as Exhibit A. Dated: New York, New York April 11, 2023 APPLEBAUM KATZ BRODSKY PLLC By: Kenneth J. Applebaum Adam H. Brodsky Attorneys for Metropolitan Transportation Authority 112 West 34th Street New York, New York 10120 (929) 352-1954 4 3 of 3