State v. Charter Craft Corp.

Mahoney, P. J.,

Appeal from an order of the Supreme Court (McDermott, J.), entered August 9, 1989 in Albany County, which denied plaintiffs motion for summary judgment.

Plaintiff appropriated property in the City of Rensselaer, Rensselaer County, in 1987. At the time of condemnation, defendant occupied the premises as a tenant paying $400 per month as rent. It remained in the premises until about August 1987. Plaintiff commenced this action to recover rent allegedly due and unpaid following the appropriation. Defendant answered, denying the material allegations of the com*585plaint. Plaintiff then…