Commissioner of Transportation v. Karp Associates, Inc.

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, and the branch of occupant’s motion seeking summary judgment dismissing the petition is denied.

In this summary proceeding by the Commissioner of Transportation, a condemnor, to remove a condemnee occupant {see Highway Law § 30 [7]; EDPL 405; RPAPL art 7) from property acquired for the Kosciuszko Bridge Project, petitioner appeals from an order of the Civil Court which granted the branch of a motion by occupant seeking summary judgment dismissing the petition.

Contrary to occupant’s contention and the Civil…