City of Jamestown v. Sfetko

“ There is no provision in the Condemnation Law for an appeal from a preliminary judgment of condemnation in favor of the plaintiff. Defendant’s remedy is to wait and appeal from the final order confirming the report of the commissioners, and bring up the interlocutory judgment upon that appeal. The same is true as to an order appointing commissioners, or overruling preliminary objections made to the petition.” (17 Carmody-Wait, New York Practice, p. 371; City of Buffalo v. Ferry-Woodlawn Realty Co., 8 N Y 2d 983; City of Albany v. Yaras, 2 N Y 2d 844, affg. 1 A D 2d 989; Matter of Board of…