LT Propco, LLC v Carousel Ctr. Co., L.P.
2009 NY Slip Op 09779 [68 AD3d 1696]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


LT Propco, LLC, Appellant,
v
Carousel Center Company, L.P., et al., Respondents. (Action No. 1.) Lord & Taylor Carousel, Inc., Appellant, v Carousel Center Company, L.P., et al., Respondents. (Action No. 2.) Kaufmann's Carousel, Inc., Appellant, v Carousel Center Company, L.P., et al., Respondents. (Action No. 3.) In the Matter of City of Syracuse Industrial Development Agency, Respondent, to Acquire Certain Interests in the Carousel Center Site, Which Site is Generally Identified as 1 Carousel Center Drive (Lot 11K), SBL NO. 114-02-05.6, and 304 Hiawatha Boulevard W. Rear (Lot 11B), SBL NO. 114-02-05.2, in the City of Syracuse, New York, Which Parcels Comprise a Portion of the Site for the Phased Public Project Known as Destiny USA. Lord & Taylor Carousel, Inc., Appellant. (Proceeding No. 1.) In the Matter of City of Syracuse Industrial Development Agency, Respondent, to Acquire Certain Interests in the Carousel Center Site, Which Site is Generally Identified as 1 Carousel Center Drive (Lot 11K), SBL NO. 114-02-05.6, and 304 Hiawatha Boulevard W. Rear (Lot 11B), SBL NO. 114-02-05.2 in the City of Syracuse, New York, Which Parcels Comprise a Portion of the Site for the Phased Public Project Known as Destiny USA. Kaufmann's Carousel, Inc., Appellant. (Proceeding No. 2.) (Appeal No. 2.)

—[*1] Harris Beach PLLC, Pittsford (Douglas A. Foss of counsel), for plaintiffs-appellants and respondents-appellants.

Gilberti Stinziano Heintz & Smith, P.C., Syracuse (Kevin G. Roe of counsel), for defendant-respondent Carousel Center Company, L.P.

Hiscock & Barclay, LLP, Buffalo (Mark R. McNamara of counsel), for defendant-respondent and petitioner-respondent City of Syracuse Industrial Development Agency.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered August 7, 2008. The order, among other things, dismissed the complaints of plaintiffs LT Propco, LLC and Kaufmann's Carousel, Inc.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in LT Propco, LLC v Carousel Ctr. Co., L.P. (68 AD3d 1697 [2009]). Present—Smith, J.P., Peradotto, Green, Pine and Gorski, JJ. [Prior Case History: 20 Misc 3d 1124(A), 2008 NY Slip Op 51598(U).]