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INC. VILL. OF PHILMONT v. GLAZIK

75 A.D.2d 656 (1980)

Incorporated Village of Philmont, Respondent, v. Theodore Glazik, Appellant, et al., Defendant

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

April 3, 1980

The defendant challenges the right of the court to grant an order of temporary possession to plaintiff pursuant to section 24 of the Condemnation Law* because the defendant contends that a triable issue of fact exists as to the necessity for plaintiff to condemn defendant's land for purposes of gaining an access route to the site of a sewage treatment plant to be built by plaintiff. We conclude that the correct criteria in this proceeding is not...

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