The IAS Court correctly held that a showing of necessity is not required by a condemnor seeking a writ of assistance pursuant to EDPL 405 (A), the only prerequisite to such relief being the condemnor's payment to the condemnee of the advance payment, and that the condemnor's alleged misrepresentations concerning its immediate need for possession of the premises in order to meet construction deadlines, and the condemnee's alleged reliance thereon in entering into the challenged...
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