County of Sullivan v. Case

This is a proceeding to condemn certain lands under the Highway Law. Upon the presentation of the petition, petitioner moved to dismiss the answer served and filed by four of the defendants.

*601It was contended that this proceeding is governed by the provisions of the Highway Law rather than by the Condemnation Law, that no provision is made in the former for an answer, citing in particular the first sentence of section 121 of the Highway Law, and that the answer is therefore void and should be dismissed and stricken.

While it has been held that the Highway Law alone controls the procedure in such…