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DAMAGES FOR FLOODING ARE ALL WET IN A CONDEMNATION PROCEEDING.

          The First Department handed down an interesting decision distinguishing an eminent domain claim from a tort claim.  In 82 Willis, LLC v The City of New York, ____ AD3d ____ [1st Dept 2019], 2019 NY Slip Op 08162, the Claimant filed a claim pursuant to EDPL Sec. 503 in the condemnation proceeding asserting a taking for an easement over its lot.  When it submitted its appraisal, it sought damages for flooding after rainfall.  The City moved to strike the appraisal on the basis that the flooding damages do not… read more

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