Court considered local practice. To develop a 75-unit, low-income rental project, the City took title through eminent domain of property located at 1823 Madison Avenue, within the Milbank Frawley Circle East Urban Renewal Area. IM Gas Inc., the property owner, timely filed its notice of claim and an appraisal report, seeking compensation for the taking. When the City did not file its appraisal report within nine months after IM’s claim, IM moved for an order preventing the City from filing its appraisal report, claiming a trial would be delayed by the City’s inaction.

Justice Martin Schoenfeld allowed the City to submit its appraisal report, ruling that IM would not be prejudiced and the City would not be unduly advantaged. The court considered the local practice that parties customarily submit appraisals after a request for a mutual exchange of reports has been made. The court also found there would be no delay to trial since the City’s condemnation plan involved multiple parcels and the City filed eight months earlier. (read more…)