Legal Opinion

In re City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 2005PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered January 12, 2005, which granted, in all respects, the City’s application to acquire the subject property, and denied as time-barred the counterclaim challenges to the condemnation proceeding, unanimously affirmed, without costs.

*343The affidavit in support of the City’s petition sufficiently demonstrates that acquisition of the site in its entirety in fee simple absolute is not in excess of the taking required for public purposes (cf. Hallock v State of New York, 32 NY2d 599, 605 [1973]; Matter of Rafferty v Town of Colonie,…

2Cases cited4 opinions

  1. Hallock v. State of New YorkNew York Court of Appeals · 1973
  2. Rafferty v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2002
  3. Cuglar v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1957
  4. Cuglar v. Power AuthorityNew York Court of Appeals · 1957

3Cited by3 opinions

  1. 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
  2. Doyle v. Schuylerville Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
  3. Matter of Village of Ballston Spa v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API