Order unanimously affirmed, without costs.
Memorandum:
The trial court correctly concluded that plaintiff had been unable to agree with the defendant owner on a price to be paid for the interest plaintiff sought to acquire in defendant's property (Condemnation Law, § 4, subd. 5) and that there was no evidence of bad faith in connection with his offer. We should note in affirming, however, that section 4 of the Condemnation Law is construed most strictly...
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