MATTER OF INC. VILL. OF MALVERNE


70 A.D.2d 920 (1979)

In the Matter of The Incorporated Village of Malverne, Petitioner, Relative to Acquiring Title to Real Property for The Storm Water Drain Hempstead Avenue Drainage Area, Inc., in the Town of Hempstead

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

June 14, 1979


Proceeding by the condemnees dismissed, without costs or disbursements. Petition by the condemnor granted, without costs or disbursements, its determination is confirmed and it is entitled to immediate possession.

The condemnor, the Village of Malverne, since 1938, has possessed a 10-foot-wide easement over the property of the condemnees, Richard and Patricia Gumo, for the placement of a 30-inch drainpipe. The village is undertaking an improvement of its drainage...

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