FELLMAN v. TOWN OF BABYLON


194 A.D.2d 517 (1993)

599 N.Y.S.2d 973

Kathleen Fellman, Appellant, v. Town of Babylon, Respondent

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

June 1, 1993


Ordered that the order is affirmed, with costs.

In March of 1981, the plaintiff's premises, located in the Town of Babylon, were severely damaged by a fire. More than three years later, in August of 1984, the Town of Babylon demolished the premises upon finding that they constituted "an unsafe, dangerous condition, and a health and safety hazard to the residents of the neighborhood". There are questions of fact as to whether the actions taken by the defendant Town...

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