MATTER OF ROCHESTER URBAN RENEWAL AGENCY


48 N.Y.2d 694 (1979)

In the Matter of Rochester Urban Renewal Agency, Respondent, Relative to Acquiring Title to Real Property for Upper Falls Urban Renewal Project NYR-188 in the City of Rochester. Willsea Works, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1979.


Attorney(s) appearing for the Case

James M. Hartman, Michael C. Normoyle and Frank S. Hagelberg for appellant.

Duncan W. O'Dwyer and Robert J. Kalb for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division.

Claimant has created an issue as to value and the extent of its damages by alleging that the property taken by eminent domain was a specialty and therefore was not susceptible of valuation by fair market standards. Since fair...

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