1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 199 A.D.3d
  5. 199 A.D.3d 560 (2021)
 

MATTER OF CITY OF NEW YORK

42104/18E. Appeal No. 14670. Case No. 2021-00594.

199 A.D.3d 560 (2021)

157 N.Y.S.3d 284

2021 NY Slip Op 06538

In the Matter of City of New York Relative to Acquiring Permanent Storm Sewer and Water Main Easements in Block 5636, Part of Lot 100, and a Permanent Storm Sewer Easement in Block 5636, Part of Lot 177, Located in the Bronx, for Construction of the City Island Water Main and Storm Sewer Outfalls Project, Located on Land under the Waters of Eastchester Bay in the Vicinity of Kilroe Street, and Both Upland and Lands under the Waters of Eastchester Bay in the Vicinity of Minnieford Avenue, in the Borough of the Bronx, City and State of New York. City of New York, Appellant, v. J.C. Properties, Inc., Respondent.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Deborah R. Kerzhner of counsel), for appellant.

Law Offices of Edmond J. Pryor, Bronx ( Edmond J. Pryor of counsel), for respondent.

Concur—Acosta, P.J., Gische, Singh, Scarpulla, Mendez, JJ.

The Eminent Domain Procedure Law is "the exclusive procedure by which property shall be acquired by exercise of the power of eminent domain in New York," assuring "that just compensation shall be paid to those persons whose property rights are acquired by the exercise of the power of eminent domain" (EDPL 101). The statute provides that it "shall be uniformly applied to any and all acquisitions by eminent domain of real property within the state of New York" (EDPL 104). Further...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases