Village of Port Chester v. Martinez

In a condemnation proceeding, Maria Martinez, doing business as Mark Anthony Restaurant, appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Rosato, J.), entered April 17, 2003, as granted the petitioner’s separate motions to dismiss her claim for the taking of trade fixtures and for a writ of assistance for possession pursuant to EDPL 405 (A).

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

The appellant, who leased a building on certain condemned property, sought to be compensated for various trade fixtures that she…