State v. Como Meat Packers, Inc.

On December 2, 1983, the Department of Transportation appropriated property of defendant for highway purposes. Defendant, which was in the meat packing business, had used the property as a slaughterhouse. Despite being notified in writing to pay rent, defendant remained in possession of the property for approximately four months and paid nothing for the use of the property.

On April 2, 1984, plaintiff commenced the subject action with a summons and verified complaint. The complaint recited the statute imposing the obligation on defendant to pay rent (EDPL 305) and sought to recover five months…