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MATTER OF CITY OF ROCHESTER v. LIVADAS

98 A.D.2d 976 (1983)

In the Matter of City of Rochester, Appellant, v. Dorothy R. Livadas, as Administratrix of The Estate of Dennis J. Livadas, Deceased, Respondent In the Matter of City of Rochester, Appellant, v. Dorothy R. Livadas, Individually and as Administratrix of The Estate of Dennis J. Livadas, Deceased, et al., Respondents

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

December 16, 1983

Order and judgment unanimously affirmed, with costs.

Memorandum:

The court properly determined fair market value "based on the value of the property as it would have been at the time of the de jure taking, but for the debilitating threat of condemnation [citations omitted]" (City of Buffalo v Clement Co., 28 N.Y.2d 241, 258, on app after remand 41 A.D.2d 41, 45-46; see, also...

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