2020 New York Laws
EDP - Eminent Domain Procedure
Article 4 - Vesting; Possession; Abandonment
405 - Possession.

Universal Citation: NY Em Dom Pro L § 405 (2020)
§  405.  Possession. (A) If the condemnor has a right to possession of
real property as provided for in this law, and the condemnor shall  deem
it  necessary  to  cause the removal of a condemnee or other occupant it
may cause such condemnee or other occupant to be removed  therefrom  and
possession to be delivered to it, pursuant to the procedures of landlord
and  tenant  law,  or  by  application to the supreme court in which the
proceeding is pending  for  a  writ  of  assistance  for  possession  or
pursuant  to  other  law,  except that no condemnee shall be required to
surrender possession prior to the condemnor's  payment  to  him  of  its
advance payment or the deposit of such amount in accordance with article
three  of  this  law, unless the condemnee has not complied with section
three hundred two of this law.

(B) No execution shall include costs in a dispossess proceeding. Proceedings may be brought separately against one or more of the condemnees or other occupants of a property, or one proceeding may be brought against all or several of the condemnees or other occupants of any or all property within the territorial jurisdiction of the court.

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