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Scott E. Mollen

Condemnation—Claimant’s Motion for Undertaking Granted—CPLR 5519(a)(6) Applies to Eminent Domain Proceedings—Decision Rejected Reasoning of Manhattan Decision—Appellate Division, Second Department Has Reduced Backlog and Delays

 A claimant in a condemnation proceeding moved for an order setting an undertaking pursuant to CPLR 5519(a)(6). The court granted the motion.

The claimant is a school bus operator. It was a tenant at the subject property at the time of vesting. The claimant continued to occupy the property to operate its bus business and to park and service its buses. After permitting the claimant to continue occupancy for approximately 15 years after vesting, the city moved for a “writ of assistance to remove the (claimant) from possession of the property, pursuant to Eminent Domain Property Law (EDPL) §405.”

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