INDEX NO. 3908/2019

FILED: KINGS COUNTY CLERK 08/17/2020 09:10 PM
NYSCEF DOC. NO. 39

RECEIVED NYSCEF: 08/17/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

In the Matter of the Application of the New York
State Urban Development Corporation d/b/a
Empire State Development,
Petitioner
To acquire title in fee in certain real property,
required for the

Index No. 3908/19
NOTICE OF ENTRY

ATLANTIC YARDS LAND USE
IMPROVEMENT AND CIVIC PROJECT –
PHASE 2B
BLOCK 927, LOT 1 AND BLOCK 927, LOT 16
(FEE)
as said property is shown on the current Tax Map of
the Borough of Brooklyn, City and State of New
York.

PLEASE TAKE NOTICE that the annexed Decision and Order, dated
August 12, 2020, was entered in the office of the Clerk of the County of Kings on the
12th day of August, 2020.

August 17, 2020
New York, New York

1 of 10

 INDEX NO. 3908/2019

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RECEIVED NYSCEF: 08/17/2020

CRAVATH, SWAINE & MOORE LLP
/s/ Robert H. Baron
By: Robert H. Baron
Rory A. Leraris
Justin C. Clarke
825 Eighth Avenue
New York, NY 10019
(212) 474-1000
GOLDBERG WEG & MARKUS PLLC
14 Wall Street, Suite 2064
New York, NY 10005
(212) 697-3250
DOMENIC M. RECCHIA, JR.
172 Gravesend Neck Road
Brooklyn, NY 11233
(718) 336-5550
GOLDSTEIN, RIKON, RIKON &
HOUGHTON, P.C.
381 Park Avenue South, Suite 901
New York, NY 10016
(212) 422-4000
Attorneys for Condemnee-Respondent

TO:
Charles S. Webb III
Kenneth J. Applebaum
Judith Z. Katz
Adam H. Brodsky
BERGER & WEBB, LLP
7 Times Square
New York, NY 10036
(212) 319-1900
Attorneys for Petitioner

-2-

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INDEX NO. 3908/2019
RECEIVED NYSCEF: 08/17/2020

Harold P. Weinberger
James G. Greilsheimer
Susan Jacquemot
Cynthia Siderman
KRAMER LEVIN NAFTALIS & FRANKEL LLP
1177 Avenue of the Americas
New York, NY 10036
(212) 715-9136
Attorneys for FC Pacific Associates LLC

-3-

3 of 10

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RECEIVED
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NY SCEF:
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At

an

Court
for
at

IAS

of the

the

Part

Term,
state

New

of

County

of

Center,

Brooklyn,

Civic

Kings,

N

in

and

Courthouse,

New

York,

on

August

of

the

2020.

T:

Wayne

Hon.

held

York,

day

Supreme

the

at the

12th

P R E S E

of

89

P. Saitta,

Justice.

----------------------------------------------------------------------X
In

the

Matter

URBAN

of

the

Application

DEVELOPMENT

NEW YORK

the

STATE

d/b/a

DEVVELOPMENT

STATE

EMPIRE

of

CORPORATION

No

Index

3908/19

Petitioner,

DECISION
to

acquire

real

title

in

LOT

927,

as said

property

Borough

of

-

1 and

as shown

2B

BLOCK

927,

the

Brooklyn,
City
-------------------------------------------------------------

AJ

appeal

of

pursuant

a

to

Upon

the

of

Goldberg,

Weg

H

Robert

&

& Houghton,

Memorandum

the

reading

Affirmation

Rikon,

of

of

Marcus

to

in

the

16

Map

(FEE)

of

the

York.

it

Order

Baron

PLLC,

Support,

Show
of

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condemnation

obtained

with

to

this

stay

agreement

PC as attorneys
Law

Tax

New

of

seeks

an

LOT

current

State

judgment

terms

for

X

Richards

declaratory

ORDER

IMPROVEMENT

USE

on

and

certain

acquired,

PHASE

and

Claimant

in

heretofore

PROJECT

CIVIC

absolute

LAND

YARDS

ATLANTIC

BLOCK

Simple
not

where

Property,

AND

Fee

Dominic

requiring

its

City

Ratner

Forest

Cause

dated

Cravath

M

for

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dated

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&

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to

property

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and

dated

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an

pending
purchased

by
LLC.

Companies

June

Swaine

of 10
7
41 of

proceeding

the

Emergency

co-counsel

Goldstein,

June

with

Rikon,

5, 2020,
in

Support

the

of

 INDEX
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FILED: KINGS COUNTY CLERK 08/17/2020 09:10 PM
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38
NO.

H

Robert

in

RECEIVED
NYSCEF:
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RECEIVED
NYSCEF:
08/17/2020

Baron

Opposition

York

State

dated

July

Urban

the

deliberation

to

condemn

sought

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of

order

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AJ
that

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of

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property

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and

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("FCRC")

part

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designated

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on

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ESDC

as

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to

of

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be

and

store.

on

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corner

AJ

site.

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determination

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of

provide

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site.

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Sylvia

at

located

property

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building

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property

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AJ

of

and

issued

in

have

("AYDC")

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a replacement

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forth

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Project.

roughly

Reply

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counsel

of

Yards

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annexed

Domain

Atlantic

("ESDC"),

2, 2020;

reasons

the

for

bounded

LLC

exhibit

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the

project.

owner

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stay

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to

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with

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COMPANY

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is granted

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condemned

Cause

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argument

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for

Development

dated

and

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7,

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attorneys

State

Opposition

Affirmation

the

thereto;

LLP,

Empire

in

July

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to

property

DEVELOPMENT

Atlantic

is

Pacific

dated

Law,

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dated

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the

proceeding

(EDPL)

appeal

Baron

& Webb

d/b/a

of

annexed

exhibits

Berger

of

Corporation

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thereon,

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seeks

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Robert

Memorandum

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Memorandum

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and

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mezzanine

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to

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built

part

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of 10
7
52 of

the

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site

levels

of

dated

(LOI),

the

LOI,

as

December

and

part

and

AJ

in

return

of

the

would

Richards

2, 2006,

for

project.

be

used

also

being
The

as

agreed

a

 INDEX
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F DOC.
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not

RECEIVED
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RECEIVED
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join

to

In

Richards

notice

AJ

Richards

of

In

an

Richards

the

FCRC

2015,

performance

be

and

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its

LOI

to

were

affiliates

sold

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Atlantic

never

completed

a portion

of

project.

Yards

or

their

The

final

executed.

interest

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in

project

to

the

Group.

In

in

challenges

for

FCRC

2014

Greenland

was

public

the

documents

implementing

AJ

of

any

of

its

the

to

to

condemnation

begin

acquire

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property

an

action

commenced

eminent

by

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and

proceedings

gave

domain.

FCRC

against

specific

seeking

LOI.

and

judgment,

judgment

dated,

that

declaring

of the

and

LOI,

harmed

irreparably

intent

then

order

breach

ESDC

directed

FCRC

if

LOI

the

AJ

that

28,

January
was

Richards

acquired

a valid

has

the

no

Judge

2019,

and

property

other

than

ordered

FCRC

that

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and

would

at law

remedy
pursuant

AJ

granted

contract,

binding

adequate

Ash

Sylvia

to

the

terms

of

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Order

The

obligations

from

the

under

the

breaching

FCRC
Appellate

has

argues

harmed

to

AJ

Division

that

it

LOI

will

if ESDC

further

and

enjoined

the

order

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and

anyone

to

perform

specifically
in

working

concert

with

its

FCRC,

.

date

this

pursuant

Appellate

LOI,

No

filed

Claimant

Judgment

appealed

Division.

ESDC
deadline

and

for

on

for

seeks

decides

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be

deprived

of

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vest

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its

time

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of

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judgment

property.

to

this

or

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appeal

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also

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7
63 of
of 10

is currently

before

the

set.

2019

file

appeal

the

eminent

a few

petition

argues

before

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domain

performs

specific

days

under

ten-year

run.

until

proceeding
the

performance

that

to

the

allowing

LOI.

and

ESDC

AJ

the

Richards

irreparably
to

vest

the

 INDEX
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property
in

RECEIVED
NYSCEF: 08/17/2020
RECEIVED
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08/17/2020

would

violate

the

with

FCRC,

from

concert

ESDC

opposes

because

it

not

concert

with

was

credible.

In

decision

her

would

the

the

The

LAFPMRA

to

to

offer

all

ESDC

accept

by

of

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not

bound

action

the

those

working

it

is

not

order

in

acting

independently.

FCRC

with

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that

and

Ash's

Judge

by

property

concert

that

found

directed

ESDC

to

AJ

of

principal

to

have

terms

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project,

with

or

its

ESDC

to

affiliates

is

commence

not

the

developer

the

of the

2.o4

condemnation

the

offer

by

an

of

affiliate

provided

project

which

FCRC,

AYDC

that

and

property

was

would

ESDC

that

develop.

to

as

Section

the

condemning

AYDC

to

AYDC,

Management

Property

Funding

LAFPMRA

The

of

AYDC,

about

Acquisition

project.

costs

over

a settlement

ESDC

and

the

in

acting

a Land

the

proceedings.

FCRC

opposition

is

condemn

to

"LAFPMRA")

allows

Additionally,

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of

properties

with

agree

an

for

turn

consult

not

into

(the

developer

condemnation

to

is

it

performance

right

Ash

entered

Agreement

ESDC

reimburse

it

Judge

ESDC

Relocation

as

its

or

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enjoining

proceedings.

Further,

named

that

specific

pursuing

order

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arguing

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that

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Judge

the

motion

to

argument

condemnation

and

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but

of

breaching

a party

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ESDC's

terms

to

be

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provides

proceedings.

a condemnee

that

has

involved

It

been

throughout

AYDC

that

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grants

refused

by

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has

the

right

right

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or

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and

to

object

a condemnee.

Richards

received

of

the

and

has

the

LOI

AJ

already
of

benefit

was

that

Richards,

performed

partly
that

partial

AJ

Richards

in

compliance

project.

4

of 10
7
74 of

under

to

performance.

would

with

one

Specifically,

not

join

the

the

LOI,

did

both

community
not

oppose

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ESDC

this

condemning
grant

the

to

Judge

directing

should

be

order

FCRC

to

until

judgment

the

harmed

other

if

Forest

than

to

is taken,

then

provides

In

this

remedy

in

for

Greenland

will

the

Richards

appeal

have

it

in

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replacement

to

it

right

comply

property

the

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possible

with

Forest

the

specific

in

concert.

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to

FCRC

abet

of

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LOI

this

reason,

in

case

is determined.

should

proceeding

has

held

that

would

a

be

obtain

City

be

money

irreparably

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in

condemn

the

that

order

property,

to

stay

for

LOI

value

would

the

an

not

property
of

other

real

be

are

value

the

of the

not

the

the

on

the

hand

property.

adequate

order

purchase

LOI.

In

pending

performance

of

free

Ash's

the

proceeding

specific

property

of 10
7
85 of

the

taken,

to

order

in

The

and

for

only

case

LOI.

the

and

for

is granted

but

if

if Judge

as called

case

addition

pointless

if the

performance

business.

property,

be

the

its

to

under

even

this

in

compensation

loss

perform

to

Richards

with

in

petition

just

any

because

is entirely
fact

involved

for

to

this

this

"AJ

or

outside

judgment

Ash

acquiring

LOI."

as a business

FCRC
that

concert

If the

for

For

Judge

that

in

entitled

not

argues

still

However,

is

LOI.

whether

Richards.

and

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proceeding.

property

to

acting

ESDC

allow

the

and

as to

remedy

working

interests

of

of the

would

those

compensation

failure

also

adequate

equities

AJ

of

the

fixtures,

the

favor

the

out,

and

just

of

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order

are

they

acquiring

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as it relates

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under

Judge

of

Richards

to AJ

of

terms

this

from

perform

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AJ

context,

determination

Richards

points

benefits

ESDC

ESDC

to

those

property

an

or

City

ESDC

identical

in

is decided,

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appeal

project

Yards

appeal

balancing

be

pursuant

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real

not

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however

entities,

Atlantic

barring

decidedly

would

the

specifically

the

weighs

independent

before

Ash's

stayed

two

for

vest

Additionally,

stayed,

are

property

petition

evading
and

FCRC

and

any

the

is affirmed,

encumbrances.

is affirmed,
the

property

that

event,

that

and

there

FCRC

or

give

AJ

would

be

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little

reason

ESDC

for

to

condemn

that

Judge

RECEIVED
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RECEIVED
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the

it

as

property

would

be

already

owned

the

by

developer.

it

Also,

affiliates

from

eminent

domain.

appears

ESDC

would

articulated

by

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years

the

final

notice

of

since

gave

they

In

by

which

to

ready

had

proceed

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proposal

for

therefore

as of

current

planned

on

the

take

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project

about

to

at this

developer

on

for.

The

site

5

will

project

even

to

this

if

to

was

filed

There

time

if the

to

developed

at this

does

to

time

"[t]o

to

not

The

only

has

waited

harm

ten

years

because

after

the

the

time

developer

larger

date

is

building
developer's

and

Directors,

MGPP

the

the

the

ESD's

provide

construct

by

vested.

by

according

its

proceeding.

a significantly
that

or

property

four

that

were

approved

correct,

technically

this

indication

ESDC

been

and

November

build

by

stayed.

project

last

property

approval

not

the

is no

the

ESDC

commence

property

has

proceed

to

ADYC

FCRC,

acquiring

However,

challenges

only

bar

was

project.

assertion

be

in

proceeding

run.

is seeking

provides

incurred

the

the

could

upheld,

any
planned

(the

Modified

real

assurance

at its

building

size.

It

decision

the

is ready

if

proceeding

was

Plans)"

developer

harmed

it

developing

to

filed

the

today

costs

of

this

bulk

greater

that

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be

plan

Project

in

intent

that

the

General

be

delay

their

with

current

not

if

order,

for

determinations

to

Moreover,
than

is

it is evident

it

ESDC

reimbursing

Lastly,

Ash's

appears

is

made

on

and

building
appeal

probable

will

not

that

whether

any

no

to

necessary

actually

cause

on

development

seek

the

reviews

transfer

are

this

development

completed.

a significant

6

7
96 of
o f 10

delay

Thus,
in

will

property

development

rights

a stay

occur

to

enlarge

decision

pending
of

the

until

site.

a

the

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it

WHEREFORE,
resolution

LLC,

Case

'

•

of

No.

the

appeal

2019-o1624

is

in

RECEIVED
NYSCEF:
08/17/2020
RECEIVED
NYSCEF:
08/17/2020

ORDERED

hereby
A.J.

Richards

(2nd

Dept).

&

that

Sons,

Inc.,

this

proceeding
v Forest

City

E N T E R:

JSC

R

noN.gm
3.S.C.

7

7 of
of
7
10
10

SM

is

stayed

Ratner

pending
Companies