Village of Port Chester v. Megamat Laundromat, Inc.

Appellate Division of the Supreme Court of New York

Village of Port Chester v. Megamat Laundromat, Inc.

7 A.D.3d 722, 776 N.Y.S.2d 830

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

DecidedMay 17, 2004

StatusPublished

This text of 7 A.D.3d 722 (Village of Port Chester v. Megamat Laundromat, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Village of Port Chester v. Megamat Laundromat, Inc., 7 A.D.3d 722, 776 N.Y.S.2d 830 (N.Y. Ct. App. 2004).

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Opinion

In a condemnation proceeding, Megamat Laundromat, [723]*723Inc., Habin’s Corp., and Sunny Produce & Grocery Corp. appeal (1) from an order of the Supreme Court, Westchester County (Rosato, J.), entered May 14, 2003, and (2), by permission, from so much of an order of the same court entered June 10, 2003 as, sua sponte, appointed a private attorney to serve as referee of the condemnees’ trade fixture claims, at a fee of $1000 per day, to be shared equally by the parties. Application by Megamat Laundromat, Inc., Habin’s Corp., and Sunny Produce & Grocery Corp. to withdraw the appeal from the order entered May 14, 2003.

Ordered that the application is granted, and the appeal from the order entered May 14, 2003, is dismissed as withdrawn; and it is further,

Ordered that the order entered June 10, 2003, is reversed insofar as appealed from, on the law, and the appointment is vacated (see Matter of Accessocraft Prods. Corp. v City of New Rochelle, 7 AD3d 703 [2004] [decided herewith]; and it is further,

Ordered that one bill of costs is awarded to the respondent. Altman, J.P., S. Miller, Luciano and Crane, JJ., concur.

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In a condemnation proceeding, Megamat Laundromat, [723]*723Inc., Habin’s Corp., and Sunny Produce & Grocery Corp. appeal (1) from an order of the Supreme Court, Westchester County (Rosato, J.), entered May 14, 2003, and (2), by permission, from so much of an order of the same court entered June 10, 2003 as, sua sponte, appointed a private attorney to serve as referee of the condemnees’ trade fixture claims, at a fee of $1000 per day, to be shared equally by the parties. Application by Megamat Laundromat, Inc., Habin’s Corp., and Sunny Produce & Grocery Corp. to withdraw the appeal from the order entered May 14, 2003.

Ordered that the application is granted, and the appeal from the order entered May 14, 2003, is dismissed as withdrawn; and it is further,

Ordered that the order entered June 10, 2003, is reversed insofar as appealed from, on the law, and the appointment is vacated (see Matter of Accessocraft Prods. Corp. v City of New Rochelle, 7 AD3d 703 [2004] [decided herewith]; and it is further,

Ordered that one bill of costs is awarded to the respondent. Altman, J.P., S. Miller, Luciano and Crane, JJ., concur.

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Bluebook (online)

7 A.D.3d 722, 776 N.Y.S.2d 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-port-chester-v-megamat-laundromat-inc-nyappdiv-2004.

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