Decisions

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M. Robert Goldstein has recovered a court award, after trial, for the Reformed Protestant Dutch Church of the City of New York and its joint venture partner, Brookfield Properties, Inc. for the condemnation of three properties and transferable development rights from a fourth on Broadway at Fulton Street in Manhattan in the amount of $106,510,521.80. The Church owned three of the properties and had a 50% interest, in the fourth with Brookfield owning the other 50%. The Church had owned two of the properties since 1724. The City's pre-title vesting offer for the properties was $63,500,000 and its appraisal at trial was $73,350,000. Claimants' appraisal was $112,000,000.

Michael Rikon won an appeal taken by the City of New York for Mobil Oil Corporation in the Appellate Division, Second Department which affirmed an award made after trial by the Honorable Abraham Gerges for $8,505,457 with 6% simple interest. 65 AD3d 1241 (2009). The initial advance payment made by the City was $806,317.00. The total additional award due with interest should approximate $13,730,000. In a previous appeal, the Appellate Division affirmed, in a case of first impression that it was improper to deduct remediation costs in a condemnation proceeding. 12 AD3d 77 (2004).

M. Robert Goldstein has successfully moved for reimbursement by the City of New York of Malba Cove Properties, Inc condemnation litigation costs in the amount of $1,278,230 based on securing over a $19 million judgment, (including twelve years of compounded interest) against the City for its condemned land (award $9,067,480). The City's appraisal of the property was $890,000. The Court's decision was reported on the front page of the New York Law Journal on September 21, 2009 with the decision itself printed in full on September 22, 2009.

Robert Gottlieb and Michael Rikon tried the trade fixture claim of G&T Restaurant d/b/a Coneyz in the Village of Port Chester proceeding. The court awarded $340,000. The advance payment was $68,000.

M. Robert Goldstein and Jonathan Houghton together with Holland and Knight appeared in the United States District Court, Eastern District of New York, sitting in White Plains, and secured a court order enjoining the condemnation of CSX Railroad Property in Poughkeepsie, New York, by Dutchess County. The Court's decision is printed at page 22 of the New York Law Journal of September 21, 2009.

Michael Rikon recovered $23,760,000 for the taking of 620-28 Eighth Avenue in the 42 Street Development Project Site 8 South. The award followed an eight day trial. The New York State Urban Development Corporation's pre-vesting offer was $12,700,000.

Michael Rikon won an award after trial of $1,087,000 plus interest from the Court of Claims in Chester Industrial Park v. State. The advance payment was $563,000.

M. Robert Goldstein won $3,948,000 plus interest in Queens Supreme Court judgment in the claim of One Wierfield Street Assoc v New York City School Construction Authority. The advance payment was $2,950,000.

Michael Rikon won $300,000 for the trade fixture claim of Greatest Estate Services in the Village of Port Chester condemnation. The Village's appraisal was $19,117.

M. Robert Goldstein recovered an award after trial in the Malba Cove decision for $9,064,480.00 plus interest. The City of New York's in Kings County Supreme Court appraised damages were $890,000.00.

Michael Rikon won an affirmance in the Appellate Division, Second Department in Your Dream Homes, Inc. v. City of New York 23 AD3d 479, affirming an award by Supreme Court for $1,434,600.00. The City's advance payment was $125,000.00. Subsequently, an additional $100,000.00 was recovered for reimbursement of legal and appraisal fees.

Michael Rikon won an affirmance from the Appellate Division, Fourth Department in Settco, LLC v. USA Niagara County Supreme Court for $5,107,500.00 plus 9% interest. The Condemnor's appraisal was $3,750,000.00.

Prior results do not guarantee a similar outcome.