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MATTER OF NIAGARA MOHAWK POWER CORP.

114 A.D.2d 542 (1985)

In the Matter of the Acquisition of Real Property by Niagara Mohawk Power Corporation, Appellant-Respondent. Donald W. Peryea et al., Respondents-Appellants

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

October 10, 1985

Weiss, J.

The facts underlying this condemnation proceeding may be found in an earlier decision before this court (Matter of Niagara Mohawk Power Corp. v Peryea, 102 A.D.2d 986). Prior to a nonjury trial, petitioner paid claimants $10,900 as an "advance payment towards this taking". The parties exchanged appraisal reports and claimants were permitted to file a "limited...

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