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MATTER OF USA NIAGARA DEVELOPMENT CORPORATION

32 A.D.3d 1169 (2006)

821 N.Y.S.2d 319

In the Matter of the USA NIAGARA DEVELOPMENT CORPORATION, Appellant, Relative to Acquiring Title to Certain Property Necessary for a Project Known as the Niagara Falls Convention and Conference Facility Civic Project. SETTCO, LLC, Respondent.

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

September 22, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Claimant commenced this proceeding to recover damages for the condemnation of its real property by respondent. On appeal from an order awarding claimant the sum of $5,107,500, with interest, as the value of the condemned property, respondent contends that Supreme Court erred in adopting the value of $45 per square foot advanced by claimant...

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