Commissioner of Transportation, as condemnor, brought summary proceeding to remove a condemnee occupant from property acquired for bridge project. The Civil Court of the City of New York granted summary judgment to condemnee occupant. Condemnor appealed.
Holdings: The Supreme Court, Appellate Term, held that:
- Trial court had subject matter jurisdiction;
- Commissioner had statutory standing; and
- Commissioner was not required to plead compliance with federal regulation requiring 90–day notice for evictions with respect to federally assisted real property acquisition programs.
Pleading compliance with federal regulation requiring 90–day notice for evictions with respect to federally assisted real property acquisition programs, as distinguished from proof of compliance with the regulation, was not a condition precedent to the Commissioner of Transportation, as condemnor, maintaining a summary proceeding to remove a condemnee occupant from property acquired for bridge project, as would require dismissal of Commissioner’s petition.