Legal Opinion
Northwest Quadrant Pure Waters District No. 1 v. Payne Beach Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1971PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: The trial court correctly concluded that plaintiff had been unable to agree with the defendant owner on a price to be paid for the interest plaintiff sought to acquire in defendant’s property (Condemnation Law, § 4, subd. 5) and that there was no evidence of bad faith in connection with his offer. We should note in affirming, however, that section 4 of the Condemnation Law is construed most strictly against the condemnor (Iroquois Gas Corp. v. Jurek, 30 A D 2d 83) because a condemnation proceeding is recognized as the equivalent of a…
2Cases cited2 opinions
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- City of Plattsburg v. KelloggAppellate Division of the Supreme Court of the State of New York · 1938
3Cited by4 opinions
- Town of Massena v. Niagara Mohawk Power Corp., New York County Courts1976
- 3775 Genesee Street, Inc. v. StateNew York Court of Claims · 1979
- Kravec v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- In re City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2006