MATTER OF TOWN OF OYSTER BAY

2016-08496. Index No. 11488/03.

156 A.D.3d 704 (2017)

67 N.Y.S.3d 221

2017 NY Slip Op 08672

In the Matter of TOWN OF OYSTER BAY, Appellant. 55 MOTOR AVENUE COMPANY, LLC, et al., Respondents.

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

Decided December 13, 2017.


Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith, and for the entry of an appropriate judgment thereafter.

On September 5, 2003 (hereinafter the vesting date), the Town of Oyster Bay condemned a 14.03-acre parcel of land located at 55 Motor Avenue in Farmingdale (hereinafter parcel 1) in order to expand an abutting public park. At the time, parcel...

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