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COMMISSIONER OF TRANSP. v. KARP ASSOC., INC.

Not in soucre.

42 Misc.3d 75 (2013)

980 N.Y.S.2d 239

2013 NY Slip Op 23421

COMMISSIONER OF TRANSPORTATION, as Agent for THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KARP ASSOCIATES, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided December 9, 2013.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Steven C. Wu and Bethany Davis Noll of counsel), for appellant.

Sanchez & Polovetsky, PLLC, New York City ( Jennifer Polovetsky and Philip A. Sanchez of counsel), for respondent.

PESCE, P.J., WESTON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and the branch of occupant's motion seeking summary judgment dismissing the petition is denied.

In this summary proceeding by the Commissioner of Transportation, a condemnor, to remove a condemnee occupant (see Highway Law § 30 [7]; EDPL 405; RPAPL art 7) from property acquired for the Kosciuszko Bridge Project, petitioner appeals from an order of the...

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