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DEP'T OF PUB. WORKS OF THE CITY OF HORNELL v. TOWN OF HORNELLSVILLE

41 A.D.2d 685 (1973)

Department of Public Works of the City of Hornell, Respondent, v. Town of Hornellsville et al., Defendants, and William G. Hollands et al., Appellants

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

February 16, 1973

Order unanimously affirmed, without costs.

Memorandum:

County Court confirmed the award of the Commissioners of Appraisal with respect to damages for the taking of an aviation easement over defendants' parcel 15. The Commissioners' same report and supplemental report, however, contained another award for consequential damages for property owned by defendants adjacent to and northerly of parcel 15 which was not condemned. The basis of the award was that the...

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