Order unanimously reversed, with costs, motion to confirm granted, and, as a matter of discretion, an additional allowance of costs of 5% upon the amount of the award is granted (Condemnation Law, § 16, subd 2).
Memorandum:
Special Term granted plaintiff's cross motion to vacate the award in this condemnation proceeding on the grounds that the Commissioners of Appraisal considered evidence not contained in an appraisal report in violation of our rule...
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