Incorporated Village v. Glazik

from an order of the County Court of Columbia County, entered June 28, 1978, which granted plaintiffs motion to allow it to immediately enter upon the subject land and to use it as an access route to the sewage treatment plant site before a permanent condemnation hearing is held. The defendant challenges the right of the court to grant an order of temporary possession to plaintiff pursuant to section 24 of the Condemnation Law* because the defendant contends that a triable issue of fact exists as to the necessity for plaintiff to condemn defendant’s land for purposes of gaining an access…