Patterson Blacktop Corp. v. City of New York

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 21, 1992, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, the owner of land adjacent to that of defendant City, paid fees to the City for many years for a permit giving it the use of an access driveway to a State highway. The State built the highway by virtue of an easement acquired through eminent domain. Plaintiff seeks a judgment declaring that by virtue of the condemnation, the City can no longer require it to obtain a…