New York State Urban Development Corp. v. MJM Exhibitors, Inc.

Order, Supreme Court, New York County (Stanley Parness, J.), entered October 22, 1992, which denied appellant-condemnee’s motion to rescind a stipulation of settlement on the ground of fraud, unanimously affirmed, without costs.

The IAS Court correctly held that a showing of necessity is not required by a condemnor seeking a writ of assistance pursuant to EDPL 405 (A), the only prerequisite to such relief being the condemnor’s payment to the condemnee of the advance payment, and that the condemnor’s alleged misrepresentations concerning its immediate need for possession of the premises in…