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A State Supreme Court justice on Friday officially declared the controversial newsstand at Delaware and Hertel avenues "a nuisance," despite the fact she let the city tear it down a month ago.

For procedural reasons, State Supreme Court Justice Barbara Howe signed an order formally granting the city the right to seek to recover the costs of the demolition from David T. Kompson, whose family operated the newsstand rent-free on city property for nearly two decades.

Deputy Corporation Counsel David J. State said the city got authorization from Justice Howe a month ago to tear down the vacant structure because of safety concerns.

Justice Howe declared the newsstand "an unauthorized encroachment on city property" and that Kompson and his various newsstand tenants never had a valid city license to operate a business at that site.

Neither Kompson or his attorney, Charles J. Marchese, could be reached to comment.

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