Types of Cases

Major Proceedings

	42nd Street Development Project

Goldstein, Goldstein, Rikon & Gottlieb, P.C. are trial attorneys who are recognized as authorities in the Law of Eminent Domain. Our firm is often retained years in advance of an actual condemnation by clients. The firm represented most of the former owners in the Times Square Development Project. In the first taking, the firm filed 15 fee claims for buildings and 8 fee claims for theaters, collecting, thus far, $100,000,000 for our clients.

	< Apollo Theatre, West 42nd Street
	Lyric Theatre > West 43rd Street

In the second 42nd Street taking, GOLDSTEIN, GOLDSTEIN, RIKON & GOTTLIEB, P.C. represented 11 of the 18 properties condemned, and 50 trade fixture claimants. We recovered $32,706,490.00 in this proceeding. In the latest acquistion for the New York Times building, we represent 8 of the 11 parcels taken and 29 trade fixture claimants.

In the Metrotech proceeding, in downtown Brooklyn, we have recovered over $30,000,000 for our clients.

Landmark Cases

M. Robert Goldstein and Michael J. Goldstein are acknowledged leaders in Eminent Domain Law. Among their landmark cases included a sixty-seven day trial involving trade fixtures in the Chateau Martin Winery when that winery was condemned by the state. Although the state offered the owner as payment $138,000, they recovered over $2,000,000. In the Angel Harp Manufacturing case, which also dealt with trade fixtures, after an offer of only $150,000 from the government, they recovered over $3.5 million for their client. In the matter of City of New York College Point Industrial Park (Glantz) they recovered over $8,000,000, much of it for carnival type amusement rides, in addition to the amusement park itself, land, buildings, and infrastructure.

Robert and Michael Goldstein's arguments in cases have also established many of the legal guidelines for compensation to property owners in condemnation proceedings. Over 60 of the case citations in Abbot's New York Digest, 3rd and 4th, are cases in which they or their law firm were involved. In Matter of City of New York (572 Warren Street), they established that a condemnor, in anticipation of condemning a property, cannot move tenants out and then, after taking the property, value it as vacant and vandalized. In the Manhattan Civil Centre Area case, they successfully argued that the then statutory interest rate of 4% on condemnation awards unconstitutionally deprived property owners of just compensation.

Dormitory Authority, Baruch College

Michael Rikon has had many extremely successful condemnation awards over the last few years. He recently recovered $2.6 million for Nathan's Famous, Inc.'s trade fixtures in the Times Square condemnation proceeding. The $6.3 million award, in addition to the right to remove $8 million worth of trade fixtures in the case of Walker-Prismatic Engraving v. Dormitory Authority of the State of New York, was a record trade fixture award to be recovered by a tenant. In 1993, Mr. Rikon successfully recovered $6.7 million plus interest and costs, a total of $9.7 million, in a Queens Supreme Court decision, MTA v. Peerless Weighing, which involved the condemnation of a parking lot at Queens Plaza. The condemnor's had offered the owner only $1.2 million for the property.

One of Mr. Rikon's most important victories came in October, 1993, when his legal work was instrumental in changing the law in New York State to allow for damages which occur when high voltage power lines are placed over or in close proximity to property. After Mr. Rikon successfully argued that the rule of law being applied by trial courts which had denied damages in those circumstances was unconstitutional. The New York Court of Appeals, the state's highest court, based on Rikon's arguments reversed the previous decision of the lower courts and held that a property owner was allowed to recover for the loss of value that the remainder property sustained due to the public's fear of living close to power lines. This victory gained enormous publicity, appearing in almost every New York newspaper, including The New York Times and The Wall Street Journal.

Historic Nunley's Carousel, Baldwin, Long Island

In 1999, Michael Rikon settled a claim against the City of New York for a recovery of $36 million for the taking of land and LNG tanks in Rossville, Staten Island. Mr. Rikon also handled the condemnation of an historic carousel which was condemned by Nassau County, recovering $1 million for the carousel horses, more than twice the County's offer.

Mr. Rikon frequently lectures across the country on the Law of Eminent Domain. He is on the faculty for the American Law Institute - American Bar Association course on Eminent Domain and Land Valuation litigation.

Robert S. Gottlieb has been extremely successful in trying condemnation claims. In the 42nd Street project, Mr. Gottlieb conducted a lengthy trial involving the valuation of the trade fixture claim of the Times Square Television Studio. His successful decision resulted in a $10 million recovery, more than four times the condemnor's offer. Mr. Gottlieb has handled over 500 condemnation claims spanning the spectrum of just compensation.

© 2008 Goldstein, Goldstein, Rikon & Gottlieb,  P.C. 
80 Pine Street, New York, NY 10005-1702 / tel 212-422-4000 / fax 212-422-4687