MATTER OF METROPOLITAN TRANSPORTATION AUTHORITY

2011-03014.

102 A.D.3d 787 (2013)

958 N.Y.S.2d 405

2013 NY Slip Op 212

In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY, Respondent-Appellant. WASHED AGGREGATE RESOURCES, INC., Appellant-Respondent.

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

Decided January 16, 2013.


Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The claimant in this condemnation proceeding, Washed Aggregate Resources, Inc. (hereinafter Washed Aggregate), owned two parcels of land in the Town of Amenia. The parcels had previously been used as a sand and gravel quarry. Washed Aggregate's owner, Dominick Peburn, who purchased the assets of Washed Aggregate approximately two months before portions...

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