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  5. 54 N.Y.2d 746 (1981)
 

BEACON URBAN RENEWAL AGENCY v. LEEMILT'S PETROLEUM, INC.

54 N.Y.2d 746 (1981)

Beacon Urban Renewal Agency, Plaintiff, v. Leemilt's Petroleum, Inc., Respondent, and County of Dutchess, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 7, 1981.

Attorney(s) appearing for the Case

Stephen J. Wing, County Attorney (Timothy P. O'Reilly of counsel), for appellant.

Robert S. Tobin for respondent.

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

On summary consideration, order modified, with costs to appellant, and case remitted to Supreme Court, Dutchess County, for further proceedings in accordance with the following memorandum and, as so modified, affirmed. The county, as depositary of the condemnation fund pursuant to former subdivision 2 of section 555 of the General Municipal Law, is required to pay the actual interest generated on that sum to the condemnee, Leemilt's Petroleum, Inc., not the 6% interest which...

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