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BOYAJIAN v. STATE OF NEW YORK

293 A.D.2d 560 (2002)

740 N.Y.S.2d 433

INGER BOYAJIAN, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided April 15, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.

This appeal arises from the appropriation by the defendant State of New York of a portion of real property located on Route 25A in Shoreham, Suffolk County. In December 1995, prior to the actual taking of the property, the former owners of the property (hereinafter the former owners) executed an "Agreement for Advance Payment" (hereinafter the Advance...

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