Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023
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
VERIFIED PETITION
SECOND AVENUE SUBWAY PROJECT –
Index No.
PHASE 2, CONTRACT 2
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.
TO THE SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK:
Petitioner, Metropolitan Transportation Authority (“MTA”), respectfully represents:
1. Pursuant to Public Authorities Law §1267, MTA is authorized to acquire by
condemnation any real property or rights or easements therein which it may deem necessary or
convenient to effectuate its public purpose of providing public transportation and transit services in
the City of New York, and to have the compensation for such property ascertained and determined
by this Court without a jury in accordance with the Eminent Domain Procedure Law ("EDPL").
2. MTA requires the real property interests to be acquired herein for purposes
related to public transportation and the operation of transit facilities, namely, for constructing
certain of the work elements covered by Contract 2 of Phase 2 of the Second Avenue Subway
Project (the “Project”). The Project will result in a new, two-track, approximately 8.5-mile rail
line along Second Avenue with 16 new stations extending the length of Manhattan’s East Side
corridor from a terminal station at 125th Street and Lexington Avenue in Harlem to Hanover Square
in Lower Manhattan. The new line will make the neighborhoods of the East Side more accessible
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not only to those who live there, but to visitors and workers traveling from other parts of New
York City as well.
3. Phase 2 includes that part of the Project that will be constructed between East
106th Street and East 125th Street. The subway tunnels, three stations and related systems for Phase
2 will be constructed under four separate contracts. Contract 2 consists of construction of the
launch box for the Tunnel Boring Machines. The bored tunnels will start at 120th Street and
Second Avenue and run to the end of the train storage tracks between Malcolm X Boulevard and
the 125th Street Station, together with construction shafts which will be used for excavation of the
mined 125th Street Station which extends approximately between Lexington Avenue and Park
Avenue. The launch box and construction shafts will be located on properties that MTA will
acquire for this work and then utilize for station entrances and ancillary facilities that will be
constructed in subsequent contracts.
4. Specifically, the properties that are to be acquired herein are required for the
launch box that will be constructed at the north end of the 116th Street station at East 120th Street.
5. The properties as to which the MTA seeks to acquire fee title are located as
follows:
a. Block 1784, Lot 23 (a/k/a 2327 Second Avenue),
b. Block 1784, Lot 24 (a/k/a 2329 Second Avenue),
c. Block 1784, Lot 25 (a/k/a 2331 Second Avenue),
d. Block 1784, Lot 26 (a/k/a 2333 Second Avenue),
e. Block 1784, Lot 27 (a/k/a 2335 Second Avenue),
f. Block 1784, Lot 28 (a/k/a 2337 Second Avenue),
g. Block 1784, Lot 120 (a/k/a N/A East 119th Street),
h. Block 1784, Lot 122 (a/k/a 2325 Second Avenue) and
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i. Block 1784, Lot 128 (a/k/a 246 East 120th Street)
as shown on the current Tax Map of the Borough of Manhattan, City and State of New York.
6. The above-described parcels are more particularly bounded and described on
the acquisition maps, with metes and bounds descriptions, annexed hereto as Exhibit A.
7. The names and places of residence of the condemnees of the property interests to
be acquired herein are set forth in the schedule annexed hereto as Exhibit B. If there are other persons
or entities interested in the property interests to be acquired herein, either as owners or otherwise, their
names are unknown to MTA.
8. On March 30, 2021, pursuant to Article 2 of the EDPL and Executive Order
202.94, MTA, upon public notice duly given, conducted a virtual public hearing to address the
proposed property acquisitions for Contract 2. The hearing remained open until April 13, 2021 for
the receipt of written comments.
9. On June 23, 2021, in accordance with EDPL §204, MTA, through its duly
assembled Board, made Determination and Findings approving the proposed property acquisitions
for Contract 2. A copy of the Determination and Findings is annexed hereto as Exhibit C. Copies of
a synopsis of the Determination and Findings were published in two successive issues of The Daily
News and El Diario on June 28 and 29, 2021.
10. Prior to the return date hereof, MTA will file in the office of the Clerk of New
York County a Notice of Pendency of this proceeding, a copy of which is attached hereto as Exhibit
D.
11. No application for the relief requested herein has previously been made in this or
any other Court.
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WHEREFORE, MTA respectfully requests that, upon proof of due compliance with
the requirements of law, including due service of a copy of the Notice of Petition, Petition and
acquisition maps on each of the last known condemnees of the property interests to be acquired herein,
or their attorneys of record, an order be entered:
a) granting the Petition in all respects;
b) authorizing MTA to file the acquisition maps in the office of the Clerk or Register
of New York County;
c) directing that upon filing with said Clerk or Register of New York County the
acquisition maps, together with the order granting the petition to condemn, title to the property
interests to be acquired, as described herein, shall vest in MTA together with the legal right
of possession;
d) providing that the compensation which should be made to the condemnees of the
interests to be acquired herein be ascertained and determined by this Court without a jury;
e) directing that within thirty (30) days after vesting title to the interests acquired
herein, MTA shall cause a copy of the Notice of Acquisition to be served upon each
condemnee, or each condemnee’s attorney of record, pursuant to the Civil Practice Law and
Rules;
f) directing that each condemnee shall have a period of one hundred and 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 of the same upon Applebaum Katz Brodsky PLLC, 112 West
34th Street, New York, New York 10120, counsel for MTA; and
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g) granting MTA such other and further relief as this Court deems just and proper.
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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VERIFICATION .
CHARLES E. GARY, being duly sworn, deposes and says pursuant to CPLR 3020(d)(2):
I am Deputy General Counsel of the Metropolitan Transportation ("MTA"), the
Authority
public authority which is the petitioner and condemnor in this proceeding. I have read the foregoing
petition and know the contents thereof; and the same are true to my own knowledge except as to the
matters therein stated upon information and belief, and, as to those matters, I believe them to be true.
The grounds for my belief as to all matters not stated upon my own knowledge are as follows:
Examination of books and records of the MTA; and
Conversations with other officers and employees of MTA.
CHARLES JLlÊ
Sworn to before me this
$day of April, 2023
N TARY PUBL C
ROBIN LOWERY
Notary Public State of New Nork
No. 01LO5010868
Qualihed in Bronx County
Co nmission Expires April 5, 2
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Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 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 VERIFIED PETITION SECOND AVENUE SUBWAY PROJECT – Index No. PHASE 2, CONTRACT 2 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. TO THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: Petitioner, Metropolitan Transportation Authority (“MTA”), respectfully represents: 1. Pursuant to Public Authorities Law §1267, MTA is authorized to acquire by condemnation any real property or rights or easements therein which it may deem necessary or convenient to effectuate its public purpose of providing public transportation and transit services in the City of New York, and to have the compensation for such property ascertained and determined by this Court without a jury in accordance with the Eminent Domain Procedure Law ("EDPL"). 2. MTA requires the real property interests to be acquired herein for purposes related to public transportation and the operation of transit facilities, namely, for constructing certain of the work elements covered by Contract 2 of Phase 2 of the Second Avenue Subway Project (the “Project”). The Project will result in a new, two-track, approximately 8.5-mile rail line along Second Avenue with 16 new stations extending the length of Manhattan’s East Side corridor from a terminal station at 125th Street and Lexington Avenue in Harlem to Hanover Square in Lower Manhattan. The new line will make the neighborhoods of the East Side more accessible 1 of 6 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 not only to those who live there, but to visitors and workers traveling from other parts of New York City as well. 3. Phase 2 includes that part of the Project that will be constructed between East 106th Street and East 125th Street. The subway tunnels, three stations and related systems for Phase 2 will be constructed under four separate contracts. Contract 2 consists of construction of the launch box for the Tunnel Boring Machines. The bored tunnels will start at 120th Street and Second Avenue and run to the end of the train storage tracks between Malcolm X Boulevard and the 125th Street Station, together with construction shafts which will be used for excavation of the mined 125th Street Station which extends approximately between Lexington Avenue and Park Avenue. The launch box and construction shafts will be located on properties that MTA will acquire for this work and then utilize for station entrances and ancillary facilities that will be constructed in subsequent contracts. 4. Specifically, the properties that are to be acquired herein are required for the launch box that will be constructed at the north end of the 116th Street station at East 120th Street. 5. The properties as to which the MTA seeks to acquire fee title are located as follows: a. Block 1784, Lot 23 (a/k/a 2327 Second Avenue), b. Block 1784, Lot 24 (a/k/a 2329 Second Avenue), c. Block 1784, Lot 25 (a/k/a 2331 Second Avenue), d. Block 1784, Lot 26 (a/k/a 2333 Second Avenue), e. Block 1784, Lot 27 (a/k/a 2335 Second Avenue), f. Block 1784, Lot 28 (a/k/a 2337 Second Avenue), g. Block 1784, Lot 120 (a/k/a N/A East 119th Street), h. Block 1784, Lot 122 (a/k/a 2325 Second Avenue) and 2 2 of 6 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 i. Block 1784, Lot 128 (a/k/a 246 East 120th Street) as shown on the current Tax Map of the Borough of Manhattan, City and State of New York. 6. The above-described parcels are more particularly bounded and described on the acquisition maps, with metes and bounds descriptions, annexed hereto as Exhibit A. 7. The names and places of residence of the condemnees of the property interests to be acquired herein are set forth in the schedule annexed hereto as Exhibit B. If there are other persons or entities interested in the property interests to be acquired herein, either as owners or otherwise, their names are unknown to MTA. 8. On March 30, 2021, pursuant to Article 2 of the EDPL and Executive Order 202.94, MTA, upon public notice duly given, conducted a virtual public hearing to address the proposed property acquisitions for Contract 2. The hearing remained open until April 13, 2021 for the receipt of written comments. 9. On June 23, 2021, in accordance with EDPL §204, MTA, through its duly assembled Board, made Determination and Findings approving the proposed property acquisitions for Contract 2. A copy of the Determination and Findings is annexed hereto as Exhibit C. Copies of a synopsis of the Determination and Findings were published in two successive issues of The Daily News and El Diario on June 28 and 29, 2021. 10. Prior to the return date hereof, MTA will file in the office of the Clerk of New York County a Notice of Pendency of this proceeding, a copy of which is attached hereto as Exhibit D. 11. No application for the relief requested herein has previously been made in this or any other Court. 3 3 of 6 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 WHEREFORE, MTA respectfully requests that, upon proof of due compliance with the requirements of law, including due service of a copy of the Notice of Petition, Petition and acquisition maps on each of the last known condemnees of the property interests to be acquired herein, or their attorneys of record, an order be entered: a) granting the Petition in all respects; b) authorizing MTA to file the acquisition maps in the office of the Clerk or Register of New York County; c) directing that upon filing with said Clerk or Register of New York County the acquisition maps, together with the order granting the petition to condemn, title to the property interests to be acquired, as described herein, shall vest in MTA together with the legal right of possession; d) providing that the compensation which should be made to the condemnees of the interests to be acquired herein be ascertained and determined by this Court without a jury; e) directing that within thirty (30) days after vesting title to the interests acquired herein, MTA shall cause a copy of the Notice of Acquisition to be served upon each condemnee, or each condemnee’s attorney of record, pursuant to the Civil Practice Law and Rules; f) directing that each condemnee shall have a period of one hundred and 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 of the same upon Applebaum Katz Brodsky PLLC, 112 West 34th Street, New York, New York 10120, counsel for MTA; and 4 4 of 6 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 g) granting MTA such other and further relief as this Court deems just and proper. 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 5 5 of 6 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 VERIFICATION . CHARLES E. GARY, being duly sworn, deposes and says pursuant to CPLR 3020(d)(2): I am Deputy General Counsel of the Metropolitan Transportation ("MTA"), the Authority public authority which is the petitioner and condemnor in this proceeding. I have read the foregoing petition and know the contents thereof; and the same are true to my own knowledge except as to the matters therein stated upon information and belief, and, as to those matters, I believe them to be true. The grounds for my belief as to all matters not stated upon my own knowledge are as follows: Examination of books and records of the MTA; and Conversations with other officers and employees of MTA. CHARLES JLlÊ Sworn to before me this $day of April, 2023 N TARY PUBL C ROBIN LOWERY Notary Public State of New Nork No. 01LO5010868 Qualihed in Bronx County Co nmission Expires April 5, 2 6 6 of 6