Legal Opinion

In re the Incorporated Village of Malverne

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 1979PublishedCited by 7 opinions

1Opinion of the Court

Proceedings (1) by the condemnees, pursuant to EDPL 207, to review the procedures utilized by the condemnor, the Village of Malverne, in acquiring a permanent and enlarged easement over the condemnees’ property for the installation of a drainage pipe and (2) by the condemnor, inter alia, (a) to confirm its determination that the taking is de minimis and that a public emergency exists and (b) for an order granting the condemnor immediate possession pursuant to EDPL 402 (subd [B], par [6]). Proceeding by the condemnees dismissed, without costs or disbursements. Petition by the condemnor…

2Cases cited1 opinion

  1. Cullen v. NaplesNew York Court of Appeals · 1972

3Cited by7 opinions

  1. Yonkers Racing Corp. v. City of YonkersCourt of Appeals for the Second Circuit · 1988
  2. First Broadcasting Corp. v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1981
  3. City of Buffalo Urban Renewal Agency v. MoretonAppellate Division of the Supreme Court of the State of New York · 1984
  4. Town of Coxsackie v. DernierAppellate Division of the Supreme Court of the State of New York · 1984
  5. City of Yonkers v. HvizdAppellate Division of the Supreme Court of the State of New York · 1983

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