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Supreme Court, Richmond County, September 7, 2011
APPEARANCES OF COUNSEL
Michael A. Cardozo, Corporation Counsel, New York City (Holly Gerstenfeld of counsel), for condemnor. Goldstein, Rikon & Rikon, P.C., New York City (Michael Rikon of counsel), for claimant. [*2]
{**33 Misc 3d at 587} OPINION OF THE COURT
Wayne P. Saitta, J.
{**33 Misc 3d at 588}In this condemnation proceeding, condemnor City of New York moves this court for an order dismissing the fee claim of Cassino Contracting Corp. (hereinafter the claimant), on the ground that claimant's appraisal report, dated October 7, 2010, is invalid as a matter of law.
Upon reading the notice of motion of the City of New York, dated June 15, 2011, the annexed affirmation of Holly R. Gerstenfeld, Esq., Assistant Corporation Counsel, dated June 15, 2011, and the exhibits annexed thereto; the affirmation in opposition of Michael Rikon, Esq., Goldstein, Rikon, & Rikon, P.C., attorneys for claimant, and the exhibits annexed thereto; the reply affirmation of Holly R. Gerstenfeld, Esq.; the vesting order signed by the Honorable Abraham Gerges, Justice of the Supreme Court, dated October 3, 2008, and all proceedings heretofore had herein; after hearing argument of counsel and due deliberation thereon, the City's motion to dismiss is denied for the reasons set forth below.
The City acquired title to the subject property, block 5676 lot 1 (damage parcel 1), a 97,294

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