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JuSTICE MARTIN Schoenfeld, newly sitting in the Condemnation Proceedings Part in New York County, has rendered an extensively researched opinion in a taxpayers’ action brought pursuant to General Municipal Law �51. The decision is reported in The New York Law Journal of April 4, 2002, at page 19 under IA Part 28 (West 41st Street Realty LLC vs. the City of New York). The basis of the action by some of the property owners affected by the proposed condemnation for Site 8 in the 42nd Street Project was that it is, in effect, a giveaway to The New York Times and Forest City Ratner in the deal worked out by Empire State Development Corp. (ESD) and the City in designating them as the developers. The property involved is the westerly half of the block bounded by West 40th Street, West 41 Street, 8th Avenue and 7th Avenue in Manhattan. This suit is part of a double-barreled attack on the project, the other half being a challenge to the determination and findings in the Appellate Division, First Department, pursuant to EDPL �207. This latter action has been briefed and, at this writing, is awaiting argument.

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