¶ Judgment reversed, with costs, and matter remitted to Special Term for (1) the reopening of the trial to take evidence on the issue of whether the subject property was restored to its preconstruction status prior to February 17, 1983, the date Special Term rendered its decision that the action was moot, (2) a new determination on that issue, and (3) entry of a new judgment in light of that determination.
¶ The plaintiff, operator of a supermarket, is a...
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