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MATTER OF CITY OF MOUNT VERNON

277 A.D. 775 (1950)

In the Matter of The City of Mount Vernon, Appellant, Relative to Acquiring Title to Real Property Required for the Construction of a Housing Project. Centennial Church of the African Methodist Episcopal Zion Connection of the United States of America et al., Defendants; George Accattato et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 1, 1950.

Final order and judgment reversed on the facts, without costs, appellant's motion to set aside the report granted, without costs, and a new hearing is directed to be held before new commissioners.

The award is so grossly excessive as to shock the conscience of the court. Judged by the only evidence in the record as to rents in the locality, respondents failed to establish that the rents received were reasonable. In the absence...

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