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CITY OF BUFFALO v. CLEMENT CO.

34 A.D.2d 24 (1970)

City of Buffalo, Appellant-Respondent, v. J. W. Clement Company, Inc. (Correct Corporate Name J. W. Clement Company), Respondent-Appellant, et al., Defendants

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

April 9, 1970.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (John P. Egan of counsel), for City of Buffalo.

Falk, Twelvetrees, Johnston & Siemer (J. Clement Johnston of counsel), for J. W. Clement Company.

MARSH, J. P., and HENRY, J., concur with WITMER, J.; GABRIELLI, J., dissents in opinion, in which BASTOW, J., concurs.

WITMER, J.

Under the authority of section 555 (subd. 1, par. [a]) of the General Municipal Law the plaintiff, City of Buffalo, in January, 1967 commenced a proceeding in accordance with its charter provisions (art. 21) relating to condemnation of land for municipal purposes (L. 1929, ch. 527) to condemn the waterfront property of the defendant, J. W. Clement Company, Inc., hereinafter referred to as "Clement"...

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