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Court Okays Eviction of FCRC, Boymelgreen

NEW YORK CITY-The Appeals Court decision says Forest City Ratner was given an illegal assignment to two properties by the lessee in violation of lease terms.

By Cody Lyon | Updated on May 14, 2009

NEW YORK CITY-Lawyers representing developer Henry Weinstein won two legal actions in the New York State Appeals Court that will give Weinstein the right to go ahead with eviction proceedings of another Brooklyn developer, Jeshayahu Boymelgreen, and Forest City Ratner Cos.

The unanimous decision reverses a March 2007 ruling from Brooklyn Supreme Court Justice Ira Harkavy that allowed Boymelgreen to remain as an occupant, despite the termination of his lease. The decision also gives Weinstein the right to sue Boymelgreen and FCRC for monetary judgments. The decision says FCRC was given an illegal assignment to two properties by the lessee Boymelgreen in violation of the lease terms, which required the landlord’s legal approval to assign.

Regardless of this latest legal challenge, a spokeswoman for Empire State Development Corp., which is involved with FCRC’s Atlantic Yards project, tells Globest.com that the decision did not impact its plans at the site at all. In fact, she says the organization hopes to acquire all the Weinstein property in 2009.

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