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CITY OF BUFFALO v. MANGUSO

42 A.D.2d 673 (1973)

City of Buffalo, Respondent, v. Josephine Manguso, Also Known as Josephine Mancuso, Appellant

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

June 1, 1973

Judgment unanimously reversed on the law and facts, with costs to appellant, and a new trial granted.

Memorandum:

The trial court found that the proof of plaintiff's affirmative value-depressing acts was adequate to require valuation of appellant's property as it would have been at the time of the de jure taking (Aug. 19, 1970) but for the debilitating threat of condemnation and as such value would have existed...

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