UAH-Braendly Hydro Associates v. RKDK Associates

In an eminent domain proceeding pursuant to EDPL 402, the condemnee RKDK Associates appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), entered December 17, 1986, which (1) granted the petition to acquire the property, (2) directed filing of an acquisition map, and (3) dismissed the answer.

Ordered that the judgment is reversed, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for a hearing limited to the issues raised in the third affirmative defense in the answer and the general denials of paragraphs 2 and 3 of the petition as set forth in…