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HARGETT v. TOWN OF TICONDEROGA

56 A.D.3d 1016 (2008)

867 N.Y.S.2d 571

GEORGIA HARGETT, Appellant, v. TOWN OF TICONDEROGA et al., Respondents.

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

November 20, 2008.

KANE, J.

In a prior proceeding pursuant to EDPL 207 (A), this Court held that defendant Phillip Heustis, highway superintendent for defendant Town of Ticonderoga, exceeded his authority when he condemned plaintiff's property, purportedly as an exercise of eminent domain (Matter of Hargett v Town of Ticonderoga, 35 A.D.3d 1122 [2006], lv denied 8 N.Y.3d 810 [2007]). Plaintiff commenced this action, pursuant to EDPL...

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