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MATTER OF CITY OF ROCHESTER v. IMAN

51 A.D.2d 651 (1976)

In the Matter of The City of Rochester, Appellant-Respondent v. Raymonds S. Iman et al., Respondents-Appellants

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

January 16, 1976

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

Memorandum:

The trial court ruled that the appraisal of the subject property made on behalf of the city was inadmissible under our rule 1024.24 (22 NYCRR 1024.24) for failure to contain comparable market data upon which its 9% capitalization rate was based, and so the court completely disregarded that appraisal. This was error...

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