Adrian v. Town of Yorktown

In an action, inter alia, to recover damages for an alleged de facto condemnation, the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated May 19, 2010, as granted that branch of the defendant’s motion which was for summary judgment dismissing the fifth cause of action to recover damages for an alleged de facto condemnation.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs acquired approximately 15 acres of property in the Town of Yorktown. In December 2000 they sold 11.07 acres of the property for the sum…