Preview
INDEX NO. 451115/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. SHLOMO S. HAGLER PART 17
Justice
X INDEX NO. 451115/2023
IN THE MATTER OF THE APPLICATION OF THE
METROPOLITAN TRANSPORTATION AUTHORITY MOTION DATE N/A
RELATIVE TO ACQUIRING FEE TITLE IN REAL
PROPERTY REQUIRED FOR THE SECOND AVENUE MOTION SEQ. NO. 004
SUBWAY PROJECT - PHASE 2, CONTRACT 2 BLOCK
1784, LOTS 23, 24, 25, 26, 27, 28, 120, 122 AND 128
Plaintiff,
DECISION + ORDER ON
-V- MOTION
N/A,
Defendant.
X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 15, 16, 17, 18, 19,
20, 21, 22, 23
were read on this motion to/for MISCELLANEOUS
Upon the foregoing documents, it is
ORDERED, ADJUDGED and DECLARED that the Petition is granted in accordance
with an Order, dated June 7, 2023.
6/8/2023
DATE SHLOMO S/ HAGLER, J.S.C.
(CHECK ONE: X | CASE DISPOSED NON-FINAL DISPOSITION
GRANTED IN PART O OTHER
|"X || GRANTED
DENIED
APPLICATION: SETTLE ORDER SUBMIT ORDER
‘CHECK IF APPROPRIATE: INCLUDES TRANSFERIREASSIGN FIDUCIARY APPOINTMENT [[] aererence
451115/2023 IN THE MATTER OF THE APPLICATION OF THE METROPOLITAN Page 1 of 1
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 vs. N/A
Motion No. 001
lof 4
FILED: NEW YORK INDEX NO. 451115/2023
COUNTY CLERK 06/15/2023 03:40 PM
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023
At IAS Part 17 of the Supreme Court
of the State of New York, County of
New York, at the New York County
Courthouse, 60 Centre Street, in the
Le
Borough of Manhattan, Ci ‘ity and
State of New York, on the jay of
Unk , 2023
PRESENT:
HON. SHLOMO §. HAGLER, JUSTICE
In the Matter of the Application of the
Metropolitan Transportation Authority relative to
acquiring fee title in real property required for the
Index No. 451115/2023
SECOND AVENUE SUBWAY PROJECT —
PHASE 2, CONTRACT 2 ORDER
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. _
Petitioner Metropolitan Transportation Authority (“MTA” or “Petitioner”), having
applied to this Court for an order to condemn certain interests in real property, not heretofore
acquired for the same purpose, required for purposes related to the construction of Phase 2 of the
Second Avenue Subway Project (the “Project”) in the Borough of Manhattan, County of New
York, City and State of New York, and to have the compensation which should be made to the
owners of, or persons interested in, such property (the “Condemnees”) ascertained and determined
by this Court without a jury, and said application having come on to be heard before me on the
7th day of J une , 2023, and Petitioner, by its attorneys, Applebaum Katz Brodsky PLLC,
112 West 34" Street, New York, New York 10120, having appeared in support of said petition,
20f 4
INDEX NO. 451115/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023
NOW, on reading and filing the Notice of Petition and Petition of MTA, dated April
11, 2023 (the “Petition”), pursuant to Eminent Domain Procedure Law (“EDPL”) §402(B), and the
exhibits annexed thereto, and the affidavits of service, showing service of copies of the Notice of
Petition and Petition on all interested parties,
NOW, on motion of MTA, it is hereby
ORDERED, that the Petition be, and the same hereby is, granted in all respects, and
itis further
ORDERED, that MTA is authorized to file the acquisition maps, copies of which
are attached as Ex. A to the Petition, in the Office of the Clerk or Register of the County of New
York, and it is further
ORDERED, that upon filing of this Order and the acquisition maps with said Clerk
or Register of the County of New York, title to all of the property interests sought to be acquired
pursuant to the Petition and described in the acquisition maps shall vest in MTA together with
legal right of possession, and it is further
ORDERED, that the compensation which should be made to the Condemnees for
the interests acquired herein shall be ascertained and determined by this Court without a jury, and
it is further
ORDERED, 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 of the
Condemnees, or each of the Condemnees’ attorney of record, pursuant to the Civil Practice Law
and Rules, and it is further
ORDERED, that the Condemnees shall have a period of 120 days from service of
a copy of said notice within which to file a written claim for additional damages with the Clerk of
2
3 0f 4
INDEX NO. 451115/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023
this Court and to serve a copy of the same upon Applebaum Katz Brodsky PLLC, 112 West 34”
Street, New York, New York 10120, counsel for MTA, or as otherwise agreed to in writing by
MTA and any Condemnee.
ENTER:
MO S. HAGLER, J.S.C.
—
[58
4 of 4
Preview
INDEX NO. 451115/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SHLOMO S. HAGLER PART 17 Justice X INDEX NO. 451115/2023 IN THE MATTER OF THE APPLICATION OF THE METROPOLITAN TRANSPORTATION AUTHORITY MOTION DATE N/A RELATIVE TO ACQUIRING FEE TITLE IN REAL PROPERTY REQUIRED FOR THE SECOND AVENUE MOTION SEQ. NO. 004 SUBWAY PROJECT - PHASE 2, CONTRACT 2 BLOCK 1784, LOTS 23, 24, 25, 26, 27, 28, 120, 122 AND 128 Plaintiff, DECISION + ORDER ON -V- MOTION N/A, Defendant. X The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 15, 16, 17, 18, 19, 20, 21, 22, 23 were read on this motion to/for MISCELLANEOUS Upon the foregoing documents, it is ORDERED, ADJUDGED and DECLARED that the Petition is granted in accordance with an Order, dated June 7, 2023. 6/8/2023 DATE SHLOMO S/ HAGLER, J.S.C. (CHECK ONE: X | CASE DISPOSED NON-FINAL DISPOSITION GRANTED IN PART O OTHER |"X || GRANTED DENIED APPLICATION: SETTLE ORDER SUBMIT ORDER ‘CHECK IF APPROPRIATE: INCLUDES TRANSFERIREASSIGN FIDUCIARY APPOINTMENT [[] aererence 451115/2023 IN THE MATTER OF THE APPLICATION OF THE METROPOLITAN Page 1 of 1 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 vs. N/A Motion No. 001 lof 4 FILED: NEW YORK INDEX NO. 451115/2023 COUNTY CLERK 06/15/2023 03:40 PM NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023 At IAS Part 17 of the Supreme Court of the State of New York, County of New York, at the New York County Courthouse, 60 Centre Street, in the Le Borough of Manhattan, Ci ‘ity and State of New York, on the jay of Unk , 2023 PRESENT: HON. SHLOMO §. HAGLER, JUSTICE In the Matter of the Application of the Metropolitan Transportation Authority relative to acquiring fee title in real property required for the Index No. 451115/2023 SECOND AVENUE SUBWAY PROJECT — PHASE 2, CONTRACT 2 ORDER 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. _ Petitioner Metropolitan Transportation Authority (“MTA” or “Petitioner”), having applied to this Court for an order to condemn certain interests in real property, not heretofore acquired for the same purpose, required for purposes related to the construction of Phase 2 of the Second Avenue Subway Project (the “Project”) in the Borough of Manhattan, County of New York, City and State of New York, and to have the compensation which should be made to the owners of, or persons interested in, such property (the “Condemnees”) ascertained and determined by this Court without a jury, and said application having come on to be heard before me on the 7th day of J une , 2023, and Petitioner, by its attorneys, Applebaum Katz Brodsky PLLC, 112 West 34" Street, New York, New York 10120, having appeared in support of said petition, 20f 4 INDEX NO. 451115/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023 NOW, on reading and filing the Notice of Petition and Petition of MTA, dated April 11, 2023 (the “Petition”), pursuant to Eminent Domain Procedure Law (“EDPL”) §402(B), and the exhibits annexed thereto, and the affidavits of service, showing service of copies of the Notice of Petition and Petition on all interested parties, NOW, on motion of MTA, it is hereby ORDERED, that the Petition be, and the same hereby is, granted in all respects, and itis further ORDERED, that MTA is authorized to file the acquisition maps, copies of which are attached as Ex. A to the Petition, in the Office of the Clerk or Register of the County of New York, and it is further ORDERED, that upon filing of this Order and the acquisition maps with said Clerk or Register of the County of New York, title to all of the property interests sought to be acquired pursuant to the Petition and described in the acquisition maps shall vest in MTA together with legal right of possession, and it is further ORDERED, that the compensation which should be made to the Condemnees for the interests acquired herein shall be ascertained and determined by this Court without a jury, and it is further ORDERED, 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 of the Condemnees, or each of the Condemnees’ attorney of record, pursuant to the Civil Practice Law and Rules, and it is further ORDERED, that the Condemnees shall have a period of 120 days from service of a copy of said notice within which to file a written claim for additional damages with the Clerk of 2 3 0f 4 INDEX NO. 451115/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/13/2023 this Court and to serve a copy of the same upon Applebaum Katz Brodsky PLLC, 112 West 34” Street, New York, New York 10120, counsel for MTA, or as otherwise agreed to in writing by MTA and any Condemnee. ENTER: MO S. HAGLER, J.S.C. — [58 4 of 4