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CITY OF UTICA v. GOLD MEDAL CORP.

55 Misc.2d 182 (1967)

City of Utica, Plaintiff v. Gold Medal Packing Corporation et al., Defendants.

Supreme Court, Special Term, Oneida County.

November 21, 1967

Attorney(s) appearing for the Case

Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer and Hubbard, Felt & Fuller (M. Gilbert Hubbard of counsel), for William A. Schmitt, as trustee in bankruptcy. Capecelatro, Del Buono & Vaughan (Salvador J. Capecelatro, Jr., of counsel), for plaintiff.

RICHARD D. SIMONS, J.

The question presented is whether the petitioner, trustee in bankruptcy of the owner of condemned real property, may make an application for 5% additional allowance of costs pursuant to subdivision 2 of section 16 of the Condemnation Law more than a year after confirmation of the condemnation award.

In December, 1965, a condemnation action was instituted involving the real property...

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