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MTR. OF AMUSEMENTS, INC. v. ASSARO

37 A.D.2d 67 (1971)

In the Matter of Amusements, Inc., Respondent-Appellant, v. Dominick N. Assaro, as Mayor of The City of Utica, et al., Appellants-Respondents

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

June 25, 1971.

Attorney(s) appearing for the Case

Rocco A. Solimando, Corporation Counsel (Nathan J. Siegel of counsel), for appellants-respondents.

John E. Flemma (Earle C. Bastow of counsel), for respondent-appellant.

GOLDMAN, P. J., MARSH and WITMER, JJ., concur.

MOULE, J.

This appeal presents the question whether Amusements, Inc. is entitled to recover the amounts it paid the city for tax sale certificates on 1963 and 1964 real property taxes on property subsequently acquired by the city in a condemnation proceeding in which the order of confirmation signed December 11, 1968 vested title in the city as of November 22, 1963, and, if so, at what rate of interest.

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