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MTR. OF CO. OF WESTCHESTER v. P. & M. CORP.

20 A.D.2d 431 (1964)

In the Matter of The County of Westchester, Appellant-Respondent, v. P. & M. Materials Corporation et al., Respondents, and Melsac Corporation, Intervenor-Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 9, 1964.

Attorney(s) appearing for the Case

Francis I. Morgan, County Attorney (John B. Gilleran of counsel), for County of Westchester, appellant-respondent.

Kent, Hazzard, Jaeger & Wilson (William J. Greer and John E. Quinn of counsel), for P. & M. Materials Corporation, respondent.

Cerrato, Nayor & Edmiston (M. Morton Edmiston of counsel), for Boyce Thompson Institute for Plant Research, Inc., respondent.

Halperin, Shivitz, Scholer & Steingut (David I. Shivitz and Shirley R. Levittan of counsel), for Melsac Corporation, intervenor-respondent-appellant.

BELDOCK, P. J., KLEINFELD, CHRIST, HILL and HOPKINS, JJ., concur.

Per Curiam.

On August 2, 1961, the date of the judgment of condemnation herein, the respondent vendor P. & M. Materials Corporation (hereafter referred to as P. & M.), pursuant to a contract of sale, had legal title to the tract at bar, and the appellant purchaser Melsac Corporation (hereafter referred to as Melsac) was the vendee out of possession (Matter of County of Westchester v. P. & M. Materials...

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