MATTER OF CITY OF ROCHESTER v. DRAY


60 A.D.2d 766 (1977)

In the Matter of The City of Rochester, Appellant, v. John Dray, Respondent

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

December 16, 1977


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

Memorandum:

The city appeals from a judgment which awarded damages to respondent for real property condemned by the city. The court determined that the value of the property was $110,990 and, after deducting the prepayment and adding interest, costs and disbursements and an additional 5% statutory allowance, judgment in favor of respondent was entered for $132,460...

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