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MATTER OF ROCHESTER URBAN RENEWAL AGENCY

55 A.D.2d 1029 (1977)

In the Matter of The Rochester Urban Renewal Agency, Appellant, Relative to Acquiring Title to Real Property for The Southeast Loop Urban Renewal Project in the City of Rochester. Patchen Post, Inc., Respondent

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

January 21, 1977

Judgment unanimously affirmed, with costs.

Memorandum:

The trial court's determination that the subject property qualifies as a "specialty" is amply supported and thus its utilization of the current cost of reproduction less depreciation approach was proper (Keator v State of New York, 23 N.Y.2d 337, 340). The highest and best use of the improvement was its use by respondent...

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