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CITY OF BUFFALO v. CLEMENT CO.

41 A.D.2d 41 (1973)

City of Buffalo, Respondent-Appellant, v. J. W. Clement Company, Inc. (Correct Corporate Name, J. W. Clement Company), Appellant-Respondent

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

February 23, 1973.

Attorney(s) appearing for the Case

Falk, Twelvetrees, Johnston & Siemer (J. Clement Johnston of counsel), for appellant-respondent.

Anthony Manguso, Corporation Counsel (John P. Egan of counsel), for respondent-appellant.

MARSH, WITMER, MOULE and HENRY, JJ., concur.

DEL VECCHIO, J. P.

This condemnation case is now before us after a second trial following a remand by the Court of Appeals. At the first trial in 1968 defendant, owner of premises ultimately taken by the City of Buffalo in connection with an urban renewal plan, received a substantial award predicated on the theory that there had been a de facto taking of the property in 1963. When the case came to us we...

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