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MTR. OF CITY OF ROCHESTER (ARMSTRONG)

68 Misc.2d 563 (1971)

In the Matter of the City of Rochester, Petitioner, Relative to Acquiring Title to Real Property for the Third Ward Urban Renewal Project NYR-144 in the City of Rochester. Merton C. Armstrong, Respondent.

Supreme Court, Special Term, Monroe County.

October 4, 1971

Attorney(s) appearing for the Case

Donald J. Corbett for petitioner. Woods, Oviatt, Gilman, Sturman & Clarke (Robert M. Schantz of counsel), for respondent.

CARROLLTON A. ROBERTS, J.

On this application by claimant owner Merton C. Armstrong for an allowance of additional costs pursuant to the Condemnation Law, the City of Rochester is again arguing that the 5% allowance provided for in section 16 of the Condemnation Law should not be made by reason of the fact that this is an urban renewal condemnation. Citing City of Buffalo v. Irish Paper Co. (

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