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MATTER OF BRADHURST URBAN RENEWAL AREA (STAGE 1)

40 A.D.3d 218 (2007)

835 N.Y.S.2d 137

In the Matter of BRADHURST URBAN RENEWAL AREA (STAGE 1). BRATTLEBORO HOLDING CORP., Respondent-Appellant; CITY OF NEW YORK, Appellant-Respondent; NYCTL 1996-1 TRUST and THE BANK OF NEW YORK, as Collateral Agent and Custodian, et al., Respondents.

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

Decided May 1, 2007.

The court exercised its discretion in a provident manner by determining that the highest and best use of the subject property was the manner in which it was being used at the time of the taking (see Matter of Adirondack Hydro Dev. Corp. [Warrensburg Bd. & Paper Corp.], 205 A.D.2d 925 [1994]), with active retail stores on the ground floor and vacant and sealed residential space...

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