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INDEX NO. 451115/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
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
NOTICE OF ACQUISITION
SECOND AVENUE SUBWAY PROJECT —
PHASE 2, CONTRACT 2
Index No. 451115/2023
(Hagler, J.)
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 by Order of this Court, duly entered in the office
of the Clerk of the County of New York on June 15, 2023, the application and petition of
the Metropolitan Transportation Authority ("MTA") to acquire title in fee to certain real
property described herein was granted, and that MTA was thereby authorized to file said
Order and acquisition map of the subject property with the Clerk of the County of New
York. The Order (a copy of which is annexed hereto as Exhibit A) and acquisition maps
(copies of which, together with metes and bounds descriptions, are annexed hereto as
Exhibit B) were filed with said clerk on June 27, 2023, thereby vesting title to said real
property in MTA.
The properties in which title in fee simple absolute was acquired in this
proceeding consist of the following:
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),
INDEX NO. 451115/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
Block 1784, Lot 26 (a/k/a 2333 Second Avenue),
Block 1784, Lot 27 (a/k/a 2335 Second Avenue),
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
1 Block 1784, Lot 128 (a/k/a 246 East 120th Street)
as said parcels are shown on the current Tax Map of the Borough of Manhattan, City and
State of New York.
PLEASE TAKE FURTHER NOTICE that, pursuant to said Order and Section
503 of the Eminent Domain Procedure Law of the State of New York, each and every
person or entity interested in the subject property having any claim on account thereof is
hereby required to file a written claim or notice of appearance with the New York County
Clerk within one hundred twenty (120) days after service of this Notice of Acquisition, or as
otherwise agreed to in writing by the MTA and any condemnee, and to serve within the
same time a copy thereof on Kenneth J. Applebaum, Esq., Applebaum Katz Brodsky PLLC,
112 West 34" Street, New York, New York 10120.
The claim shall include the name and post office address of the condemnee, a
description of the real property owned by or in which the condemnee claims an interest, a
general statement of the nature and type of damages claimed including a schedule of fixture
items comprising part or all of the damages claimed, if applicable, and the name, address
and telephone number of the condemnee's attorney if so represented. In the event a claim is
made for fixtures, or for any other interest in the real property in which the MTA acquired
herein, by a tenant, sub-tenant, or other party with an interest subordinate to that of another
person, a copy of the claim together with the schedule of fixture items also shall be served
INDEX NO. 451115/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
upon the owner, prime tenant, or other person to whom that claimant’s interest is
subordinate.
PLEASE TAKE FURTHER NOTICE that prior to receiving any compensation
from MTA for the property interests acquired herein, and unless already provided as a
prerequisite to obtaining an advance payment of MTA's offer, each claimant will be required
to present to MTA proof of title and to produce the lease or instrument under which it claims
title, or a certified copy thereof together with copies of other outstanding leases, rental
agreements, mortgages, liens, tax obligations, and encumbrances affecting the subject
property.
PLEASE TAKE FURTHER NOTICE that pursuant to Section 202.61 of the
Uniform Rules for the New York State Trial Courts, appraisal reports must be filed or
exchanged with the condemnor within nine months after service of the written claim or
notice of appearance, unless the time therefor is extended by the court.
Dated: New York, New York
June 27, 2023
APPLEBAUM KATZ BRODSKY PLLC
Adam H. Brodsky
Attorneys for Metropolitan Transportation
Authority
112 West 34" Street
New York, New York 10120
(929) 352-1954
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INDEX NO. 451115/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 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 NOTICE OF ACQUISITION SECOND AVENUE SUBWAY PROJECT — PHASE 2, CONTRACT 2 Index No. 451115/2023 (Hagler, J.) 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 by Order of this Court, duly entered in the office of the Clerk of the County of New York on June 15, 2023, the application and petition of the Metropolitan Transportation Authority ("MTA") to acquire title in fee to certain real property described herein was granted, and that MTA was thereby authorized to file said Order and acquisition map of the subject property with the Clerk of the County of New York. The Order (a copy of which is annexed hereto as Exhibit A) and acquisition maps (copies of which, together with metes and bounds descriptions, are annexed hereto as Exhibit B) were filed with said clerk on June 27, 2023, thereby vesting title to said real property in MTA. The properties in which title in fee simple absolute was acquired in this proceeding consist of the following: 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), INDEX NO. 451115/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 Block 1784, Lot 26 (a/k/a 2333 Second Avenue), Block 1784, Lot 27 (a/k/a 2335 Second Avenue), 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 1 Block 1784, Lot 128 (a/k/a 246 East 120th Street) as said parcels are shown on the current Tax Map of the Borough of Manhattan, City and State of New York. PLEASE TAKE FURTHER NOTICE that, pursuant to said Order and Section 503 of the Eminent Domain Procedure Law of the State of New York, each and every person or entity interested in the subject property having any claim on account thereof is hereby required to file a written claim or notice of appearance with the New York County Clerk within one hundred twenty (120) days after service of this Notice of Acquisition, or as otherwise agreed to in writing by the MTA and any condemnee, and to serve within the same time a copy thereof on Kenneth J. Applebaum, Esq., Applebaum Katz Brodsky PLLC, 112 West 34" Street, New York, New York 10120. The claim shall include the name and post office address of the condemnee, a description of the real property owned by or in which the condemnee claims an interest, a general statement of the nature and type of damages claimed including a schedule of fixture items comprising part or all of the damages claimed, if applicable, and the name, address and telephone number of the condemnee's attorney if so represented. In the event a claim is made for fixtures, or for any other interest in the real property in which the MTA acquired herein, by a tenant, sub-tenant, or other party with an interest subordinate to that of another person, a copy of the claim together with the schedule of fixture items also shall be served INDEX NO. 451115/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 upon the owner, prime tenant, or other person to whom that claimant’s interest is subordinate. PLEASE TAKE FURTHER NOTICE that prior to receiving any compensation from MTA for the property interests acquired herein, and unless already provided as a prerequisite to obtaining an advance payment of MTA's offer, each claimant will be required to present to MTA proof of title and to produce the lease or instrument under which it claims title, or a certified copy thereof together with copies of other outstanding leases, rental agreements, mortgages, liens, tax obligations, and encumbrances affecting the subject property. PLEASE TAKE FURTHER NOTICE that pursuant to Section 202.61 of the Uniform Rules for the New York State Trial Courts, appraisal reports must be filed or exchanged with the condemnor within nine months after service of the written claim or notice of appearance, unless the time therefor is extended by the court. Dated: New York, New York June 27, 2023 APPLEBAUM KATZ BRODSKY PLLC Adam H. Brodsky Attorneys for Metropolitan Transportation Authority 112 West 34" Street New York, New York 10120 (929) 352-1954