Decisions

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Michael Rikon won an award of $5,134,248 with interest in Supreme Court, Kings County, Honorable Wayne P. Saitta in PJK Realty Corp. v NYS Urban Development Corp., an Atlantic Yards case. The condemnor’s advance payment was $3,675.00.

In Matter of Port Chester, Bologna-Didden, the Appellate Division, Second Department affirmed the award of $4,262,136 including interest made to claimants. The condemnor's advance payment was $975,000. 95 AD3d 895 (2012). The Court of Appeals denied permission to further appeal. The appeals were handled by Joshua H. Rikon and Ashley Levi.

Michael Rikon won an award of $10,050,880 with interest in Supreme Court, Richmond County, Hon. Wayne Saitta, in Ramfis Realty, Inc. v City of New York, a wetlands case. The City's advance payment was $995,720. 37 Misc3d 1207(A).

Michael Rikon won an award of $5,646,265 plus interest in Matter of city of New York (Udall's Cove Ravine) in a case in Queens County. The pre-vesting offer was $3,470,000. The claim involves land in Douglaston, Queens, which was 100% Tidal Adjacent Wetlands. Hon. Jamie A. Rios, Index No. 18025/07, filed December 13, 2012.

Michael Rikon won an award of $4,375,000 after trial in a Putnam County case, Longridge Associates, L.P. v The Metropolitan Transportation Authority, 2012 NY Slip Op 52202(U), LaCava, J. filed December 4, 2012. The advance payment was $700,000. In addition, the award will include ten years of interest at 9%.

Jonathan Houghton and Michael Rikon won an award of $1,715,000 after trial in a Westchester County case, Consolidated Edison v City of Yonkers I.D.A, Index No 22771/06, LaCava, J. The advance payment was $578,400, filed November 28, 2012.

Michael Rikon won an award of $8,100,000 after trial in a Rockland County case, Split Rock Partnership v Rockland County Sewer District No. 1, Index No. 7604/04, LaCava, J. The advance payment was $244,800, filed November 13, 2012.

Michael Rikon won an affirmance of awards made by the Court of Claims for fee and trade fixture claims. The total award with interest is $ 4,500,000. The State's appraised damages were $ 750,000. Mazur Brothers V State, 2012 NY Slip Op 05747

May 7, 2012: Jonathan Houghton won an award of $810,000. From the Hon. Wayne Siata, Supreme Court, Richmond County. The City's appraised damages in the Staten Island wetlands case was $185,000. Matter of Paolella, Index No. 4018/07.

Michael Rikon won an award of $6,500,000 from the Honorable John R. LaCava in AAA Electricians, Inc. v. Village of Haverstraw. The Village's appraisal was $1,000,000.

The Appellate Division, First Department affirmed an award after trial obtained by M. Robert Goldstein for the reformed Protestant Dutch Church of the City of New York. The award of $106,510,521 was against the Metropolitan Transportation Authority for the condemnation of properties located downtown on Broadway in lower Manhattan which were taken for a new transit hub at Fulton Street. The win will result in an additional $51 million with interest. Mr. Goldstein argued the appeal.

Jonathan Houghton won an award of $12,104,000 from the Hon. Alan C. Marin in the Court of Claims. The claim, CSX Transportation v. State of New York, was notable for the State's position at trial that CSX was entitled to zero because it built new bridges on the remainder. After interest the total recovery including a prior advance payment is $20,300,000.

Michael Rikon and Joshua H. Rikon recovered what is believed to be the highest award of legal and expert fees in the State of New York. Justice Abraham Gerges awarded Exxon-Mobil Oil Corp. $3,474,000 pursuant to EDPL Section 701. The award followed the earlier recovery of $14,300,000 for the taking of a tank farm in Greenpoint, Brooklyn. The total recovery of $17,774,000 was after the City of New York made an offer of $809,540.

Michael Rikon recovered $1,118,600 plus interest for the real estate claim of Mazur Brothers Realty, LLC as against an appraised value of $810,000. The award by the Court of Claims followed a twelve day trial. In a companion claim, the court awarded $768,000 plus interest for trade fixtures for the tenant. The State of New York made no pre-vesting offer for trade fixtures.

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.