MATTER OF VILLAGE OF PORT CHESTER


303 A.D.2d 416 (2003)

755 N.Y.S.2d 862

In the Matter of VILLAGE OF PORT CHESTER, Respondent. FABIO SORTO, Doing Business as RINCONCITO SALVADORENO, Appellant.

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

Decided March 3, 2003.


Ordered that the order is affirmed, with costs.

The condemnor Village of Port Chester sought a writ of assistance to remove the appellant, Fabio Sorto, doing business as Rinconcito Salvadoreno (hereinafter Sorto), from property obtained by eminent domain (see EDPL 405 [A]). In support of its motion, the Village proffered evidence that the appellant was neither the owner nor the legal tenant of the property. Thus, the Village argued, the appellant was an "other...

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