MATTER OF TOWN OF RIVERHEAD v. LOBOZZO


207 A.D.2d 790 (1994)

616 N.Y.S.2d 909

In the Matter of Town of Riverhead, Appellant-Respondent, v. Vincent Lobozzo, Respondent-Appellant

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

September 12, 1994


Ordered that the judgment is modified on the law, by reducing the damages to the principal sum of $172,140 less a credit of $124,500 previously paid by the petitioner; as so modified, the judgment is affirmed, with costs to the petitioner.

The claimant was the owner of condemned property located in the Town of Riverhead. The claimant sued for condemnation damages of $590,000 and the Town claimed that the damages were $129,000. After a condemnation trial, the court...

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