GOURMET MGMT., INC. v. METRO. TRANSP. AUTH.


163 A.D.2d 184 (1990)

Gourmet Management, Inc. et al., Petitioners, v. Metropolitan Transportation Authority, Respondent

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

July 12, 1990


After complying with the procedural requirements of the EDPL, the respondent determined that the leasehold interests held by the petitioners should be taken by eminent domain. Under the circumstances presented the respondent could lawfully condemn the leasehold estates even though the respondent, or its wholly owned subsidiary the Long Island Rail Road, was the lessor. (See, 51 NY Jur 2d, Eminent Domain, § 39.) Further, the record discloses that there has been...

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