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Fellman v. Town of Babylon

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1993
194 A.D.2d 517 (N.Y. App. Div. 1993)

Opinion

June 1, 1993

Appeal from the Supreme Court, Suffolk County (Baisley, J.).


Ordered that the order is affirmed, with costs.

In March of 1981, the plaintiff's premises, located in the Town of Babylon, were severely damaged by a fire. More than three years later, in August of 1984, the Town of Babylon demolished the premises upon finding that they constituted "an unsafe, dangerous condition, and a health and safety hazard to the residents of the neighborhood". There are questions of fact as to whether the actions taken by the defendant Town of Babylon deprived the plaintiff of her property without due process of law (see, Town Law § 130; Town of Babylon Code ch 92; cf., Scott v. Town of Duanesburg, 176 A.D.2d 989). Accordingly, the plaintiff's motion for summary judgment was properly denied. Thompson, J.P., Sullivan, Ritter and Joy, JJ., concur.


Summaries of

Fellman v. Town of Babylon

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1993
194 A.D.2d 517 (N.Y. App. Div. 1993)
Case details for

Fellman v. Town of Babylon

Case Details

Full title:KATHLEEN FELLMAN, Appellant, v. TOWN OF BABYLON, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1993

Citations

194 A.D.2d 517 (N.Y. App. Div. 1993)
599 N.Y.S.2d 973