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O'BRIEN v. CITY OF SYRACUSE

54 A.D.2d 186 (1976)

In the Matter of Howard J. O'Brien, Jr., as Executor of Howard J. O'Brien, Deceased, et al., Appellants, v. City of Syracuse et al., Respondents

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

November 5, 1976

Attorney(s) appearing for the Case

Oot & Fallon (Mackenzie, Smith, Lewis, Michell & Hughes, by John Lawton, of counsel), for appellants.

Thomas J. Lowery, Jr., for respondents.

SIMONS, MAHONEY, DILLON and GOLDMAN, JJ., concur.

CARDAMONE, J. P.

In the instant case petitioners, owners of commercial realty in Syracuse, attempted to prove acts which resulted in a de facto appropriation of their property. They allege, in addition to the loss of rental income and reduction in market value, additional factors such as interruption of utility service, a public auction held by the respondent Urban Renewal Agency (URA) without their consent...

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