The unanimous decision reverses a March 2007 ruling fromBrooklyn Supreme Court Justice Ira Harkavy that allowed Boymelgreento remain as an occupant, despite the termination of his lease. Thedecision also gives Weinstein the right to sue Boymelgreen and FCRCfor monetary judgments. The decision says FCRC was given an illegalassignment to two properties by the lessee Boymelgreen in violationof the lease terms, which required the landlord's legal approval toassign.

Regardless of this latest legal challenge, a spokeswoman forEmpire State Development Corp., which is involved with FCRC'sAtlantic Yards project, tells Globest.com that the decision did notimpact its plans at the site at all. In fact, she says theorganization hopes to acquire all the Weinstein property in2009.

Court documents say that the subject properties are within thearea proposed to be developed as the Atlantic Yards Arena andRedevelopment Project.