| Matter of Metropolitan Transp. Auth. |
| 2018 NY Slip Op 01660 [159 AD3d 518] |
| March 15, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Metropolitan Transportation Authority. S.H.
Knight, LLC, Appellant, v Metropolitan Transportation Authority, Respondent. |
Goldstein, Rikon, Rikon & Houghton, P.C., New York (Michael Rikon of counsel), for appellant.
Berger & Webb, LLP, New York (Adam H. Brodsky of counsel), for respondent.
Order, Supreme Court, New York County (Martin Shulman, J.), entered June 13, 2017, which granted condemnor's motion to strike claimant's appraisal report, and dismissed the proceeding, unanimously affirmed, without costs.
Claimant's appraisal report failed to show that the damage to its property was caused by condemnor's temporary easements (see 22 NYCRR 202.61 [e]).
In view of the foregoing, we do not reach claimant's remaining arguments. Concur—Manzanet-Daniels, J.P., Tom, Mazzarelli, Webber, Kern, JJ.