MATTER OF CITY OF ROCHESTER v. S. C. TOTH, INC.


59 A.D.2d 1020 (1977)

In the Matter of The City of Rochester, Appellant, v. S. C. Toth, Inc., Respondent

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

November 4, 1977


Judgment unanimously modified, on the law and facts, in accordance with memorandum, and, as modified, affirmed, without costs.

Memorandum:

The City of Rochester appeals from a judgment awarding respondent $460,142 with interest and a 5% extra allowance pursuant to section 16 of the Condemnation Law as compensation for the appropriation of respondent's property at 200 Clinton Avenue on July 15, 1970. The subject was, at the time of taking, improved with a wholesale...

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