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MATTER OF CITY OF ROCHESTER

56 A.D.2d 715 (1977)

In the Matter of The City of Rochester, Appellant-Respondent, Relative to Acquiring Title to Real Property for the Southeast Loop Urban Renewal Project, in The City of Rochester. Ryan and McIntee, Inc., Respondent-Appellant

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

February 25, 1977

Judgment unanimously affirmed, with costs to defendant.

Memorandum:

The trial court correctly determined that claimant's funeral home, which included a chapel with a cathedral ceiling, qualified as a specialty. It was specifically designed, constructed and used as a funeral home. The parties concur that its highest and best use was as a funeral home, and the evidence demonstrates the absence of a market for this type of property in the Rochester area. The...

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