829 POST, LLC v. TOWN OF EASTCHESTER


57 A.D.3d 717 (2008)

868 N.Y.S.2d 907

829 POST, LLC, et al., Appellants, v. TOWN OF EASTCHESTER, Respondent.

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

December 16, 2008.


Ordered that the order is affirmed, with costs.

The plaintiffs, who took title to the subject property in 1991, allege that the defendant Town of Eastchester, by constructing a parking lot in 1974 on a portion of the property leased by the Town, "wrongfully deprived [them] of the use and occupancy of the premises." The plaintiffs do not seek to recover possession of the premises; they seek $250,000 in damages for the Town's allegedly unauthorized use of the premises...

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