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MATTER OF NEW YORK STATE URBAN DEVELOPMENT CORPORATION

308 A.D.2d 414 (2003)

765 N.Y.S.2d 239

In the Matter of NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Respondent, Relative to Acquiring Title to Real Property Necessary for a Land Use Improvement Project Known as The 42nd Street Development Project (Sites 7 & 8). RRNT ASSOCIATES, Appellant.

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

Decided September 30, 2003.

The trial court exercised its discretion appropriately in concluding that the claimant's potential sale of transferable development rights was too speculative to be included in the valuation of the condemned property (see Matter of Adirondack Hydro Dev. Corp., 205 A.D.2d 925, 926 [1994]). Indeed, there was ample evidence to support the court's finding that, absent the condemnations affecting claimant's and other property on 42nd...

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