This is a motion by claimant for partial summary judgment.
The underlying action is for damages resulting from the appropriation of claimant's property by the State of New York for the construction of the Genesee Expressway. On or about December 11, 1979, an agreement for advance payment pursuant to EDPL 303 and 304 was executed between the parties wherein the State agreed to and subsequently paid $64,000 to claimant...
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