In the Matter of City of New York, Respondent, Relative to Acquiring Title to Certain Real Property for the…

Summary

The New York Court of Appeals affirmed the Appellate Division's order granting the City of New York title to the parcel at 142 Grand Street. The Court held that the landowner's excessive taking claim was time‑barred because the four‑month statute of limitations for an article 78 proceeding began when the City Council’s call‑up period expired, and that such a claim must be raised in an article 78 proceeding, not as an affirmative defense in the vesting proceeding.