79 A.D.2d 768 | N.Y. App. Div. | 1980
Appeals (1) from an order of the County Court of Sullivan County, entered June 7, 1979, which granted plaintiff’s motion for immediate entry upon the real property for temporary devotion to public use, and (2) from a judgment of said court, entered June 7, 1979, which granted plaintiff’s application for condemnation of certain real property. Plaintiff is a sewage-works corporation organized under article 10 of the Transportation Corporations Law, the stock of which is owned by Titan Group, Inc. (hereinafter Titan). Titan owns real property in the Town of Fremont, Sullivan County, on which a recreation resort, approved by the Town of Fremont Planning Board, is under construction. In order to provide for sewage disposal for the resort, Titan contracted with the Town of Rockland, acting for and on behalf of the Roseoe-Rockland Sewer District, for the construction of a sewer line along the Tennanah Lake Road to the sewer main of the Roscoe-Rockland Sewer District, which sewer line would