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MTR. OF CITY ROCHESTER (ROBFOGEL)

61 Misc.2d 231 (1969)

In the Matter of the City of Rochester, Petitioner, Relative to Acquiring Title to Certain Lands Required for an Urban Renewal Project in Front Street and Other Streets in the City of Rochester. James L. Robfogel et al., Respondents.

Supreme Court, Trial and Special Term, Monroe County.

November 12, 1969

Attorney(s) appearing for the Case

Robert A. Feldman, Corporation Counsel (Donald J. Corbett of counsel), for petitioner. Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (Ellsworth A. Van Graafeiland of counsel), for respondents.

DANIEL E. MACKEN, J.

Relying on City of Buffalo v. Irish Paper Co. (31 A.D.2d 470) and section 555 of the General Municipal Law, the city opposes the granting of an additional allowance of costs, contending that this proceeding is governed solely by the city charter and not the Condemnation Law.

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