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MATTER OF COUNTY OF NASSAU

40 A.D.2d 854 (1972)

In the Matter of The County of Nassau, Appellant, Relative to Acquiring Title to Real Property at South of Ann Drive and Other Streets, in The Town of Hempstead. Isidore Cohen et al., Respondents

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

November 20, 1972

Order reversed insofar as appealed from and proceeding remanded to Special Term for further proof and redetermination of the damages in accordance with this court's prior remittitur (Matter of County of Nassau [Cohen], 34 A.D.2d 412), with costs to abide the event.

The subject property had been used as a junkyard, which was a vested nonconforming use. At the original trial of this claim, claimants' appraiser testified that...

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