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TN. OF BROOKHAVEN v. DINOS

76 A.D.2d 555 (1980)

Town of Brookhaven, as Substituted for New York State Environmental Facilities Corp., Petitioner, v. John Dinos et al., Respondents; Albert Nusbaum et al., Appellants, and Lubmos Realty Corp., Respondent. (And Another Proceeding.)

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

August 25, 1980

Attorney(s) appearing for the Case

Edward J. Ledogar (A. Kirke Bartley, Jr., on the brief), for appellants.

Koeppel Sommer Lesnick & Martone, P. C. (Michael R. Martone of counsel), for Lubmos Realty Corp., respondent.

GIBBONS, GULOTTA and COHALAN, JJ., concur.

LAZER, J. P.

At issue in this proceeding under the Condemnation Law are conflicting claims of title to certain land acquired by the Town of Brookhaven for sanitary landfill purposes designated as Damage Parcels 88.2D (3 to 5 inclusive) (Part) and 88.2D (5 to 8 inclusive) (Part). The taking map named Lubmos Realty Corp. as the owner of the condemned land, but at a hearing conducted at Special Term to adjudicate...

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