Sanchez & Polovetsky Doubles Eminent Domain Award In MTA/LIRR Case On Behalf Of Ou Jiang City Supermarket

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Eminent domain firm, Sanchez & Polovetsky, settled a case with the MTA/LIRR on behalf of its client Ou Jiang City Supermarket, Inc.

"We were able to secure a settlement for our client that gave them the opportunity to move their business or start a new business,” says Philip Sanchez, partner at Sanchez & Polovetsky.

Sanchez & Polovetsky, PLLC, (http://www.spnylaw.com) a midtown Manhattan law firm focusing its practice in eminent domain law, is pleased to announce that is has successfully settled a case with the MTA/LIRR on behalf of its client Ou Jiang City Supermarket, Inc., formerly operating its business at 40-38 Main Street Flushing NY, located under the Flushing Main Street Long Island Railroad Station. The case was commenced and concluded in the New York State Supreme Court, Queens County, and entitled In the Matter of the Application of the METROPOLITAN TRANSPORTATION AUTHORITY (FLUSHING MAIN STREET IMPROVEMENTS PROJECT BLOCK 5037, LOT 57 (a/k/a 40-36- 40-38 MAIN STREET), Index No. 910115 (Velasquez, J.).

The stipulations of settlement and release filed in the Queens County Supreme Court executed by all parties on January 4, 2016 reveal that the MTA/LIRR acquired the premises occupied by Ou Jiang City Supermarket, Inc. on June 15, 2015 (the “vesting date”) through its powers of eminent domain—utilizing the New York Eminent Domain Procedure Law—in order to construct elevators and staircases to the station platform, making the stop handicap accessible. The January 4, 2016 stipulations of settlement and release filed in the Queens County Supreme Court further reveal that, within six (6) months from the vesting date, Sanchez & Polovetsky PLLC obtained a final, aggregate settlement benefit payable to Ou Jiang City Supermarket Inc. in the amount of $2,236,600 ($1,909,00 in cash benefit and $327,600 in rent offset a/k/a free rent), an amount that is almost two and a half times the $974,592 initial condemnation award offered by the MTA/LIRR.

“This case was quickly settled to the satisfaction of all parties involved. An important improvement has been made to the Flushing Main Street LIRR Station, making it possible for all commuters to travel safely, and we were able to secure a settlement for our client that gave them the opportunity to move their business or start a new business,” says Philip Sanchez, partner at Sanchez & Polovetsky.

According to reports from local news sources, the MTA said the elevator and stairway would be a safer, more accessible entry point for commuters and would update the station to come into alignment with the Americans with Disabilities Act. The entrance had previously been an alley off of 40th Road and the nearest ADA accessible stop previously was at the Broadway Station, located two miles away.

ABOUT SANCHEZ & POLOVETSKY, PLLC
Sanchez & Polovetsky, PLLC is a midtown Manhattan based law firm, with offices at The Commerce Building, that focuses its practice in eminent domain law. The attorneys at the firm have over three (3) decades of combined legal experience in both the public and private sectors. Jennifer Polovetsky, Esq., who started her career as an attorney at the New York City Law Department in 2000 before entering private practice in 2003, is the firm's founding Member and a seasoned litigator with extensive experience in all aspects of Eminent Domain Law and Real Estate Law. Philip A. Sanchez, Esq., who became a Member of the firm in 2012, has over fifteen years of legal experience in both the public and private sectors, with a focus on Eminent Domain Law. More information about the firm can be found on its website at: http://www.spnylaw.com

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Nataly Blumberg
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Sanchez & Polovetsky, PLLC
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