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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46471 Justice Goodman PETITIONER STUDIO challenged respondent City’s decision not to go forward with plans to develop a movie studio and other projects at its Staten Island Homeport property. The City sought the studio’s payment of fair value use and occupancy of two buildings. The court found petitioner’s occupancy to be based on occupancy permits dated Dec. 27, 2001 and July 8, 2002, the latter of which set petitioner’s monthly base rate for the 77,500 square feet that it occupied at $8.50 per square foot. Following a hearing, the court fixed monthly use and occupancy at $8.50 per square foot. Seeing that part of the rationale to value the building’s use and occupancy at $12.50 per square foot was to compensate the City for lost rental opportunities, the court found no evidence that the City would separately lease the buildings. The court also ruled that petitioner studio owed the City $125,290 for electricity used from Jan. 28, 2002 through Sept. 30, 2003.

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