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JOY BLDRS., INC. v. TOWN OF CLARKSTOWN

2013-04139, Index No. 30662/11.

127 A.D.3d 1029 (2015)

5 N.Y.S.3d 882

2015 NY Slip Op 03328

JOY BUILDERS, INC., Appellant, v. TOWN OF CLARKSTOWN, Respondent.

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

Decided April 22, 2015.

In an action, inter alia, to recover damages for inverse condemnation, the plaintiff appeals from an order of the Supreme Court, Rockland County (Kelly, J.), dated March 11, 2013, which denied its motion for summary judgment on the first cause of action.

Ordered that the order is affirmed, with costs.

"In a modern inverse condemnation action, an owner whose property has been taken de facto may sue the entity that...

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