CITY OF BUFFALO v. DIOCESE OF BUFFALO


42 A.D.2d 817 (1973)

City of Buffalo, Respondent, v. Diocese of Buffalo, Appellant

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

July 6, 1973


Judgment unanimously reversed on the law and facts, without costs, and a new trial granted.

Memorandum:

The Roman Catholic Diocese of Buffalo (defendant) owned property with frontage on Niagara Square and West Genesee Street. Prior to 1965, the premises were occupied by an old brick office building lacking modern improvements. In 1965 the building was razed and the lot was blacktopped and leased for use as a parking lot. On February 18, 1970 the city obtained...

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