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  5. 26 A.D.2d 980 (1966)
 

MATTER OF FORD

26 A.D.2d 980 (1966)

In the Matter of Arthur C. Ford et al., Constituting The Board of Water Supply of the City of New York, Appellants, Relative to Acquiring Title to Real Estate for the City of New York in the County of Sullivan. C. Howard Swartwout et al., Respondents

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

November 21, 1966

MEMORANDUM BY THE COURT.

The awards rest solely on proof of reproduction cost less depreciation, without any indication that either property was unique or a specialty (Guthmuller v. State of New York, 23 A.D.2d 597). Determinations thus bottomed on erroneous principles of law must, of course, be rejected (Matter of Huie [Fletcher], 2 N.Y.2d 168, 171).

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