It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the damages award except with respect to the $510 for "Damage to Realty," and as modified the judgment is affirmed without costs, and the matter is remitted to Supreme Court, Cattaraugus County, to determine the amount of damages to be awarded pursuant to RPAPL 861 (1) in accordance with the following memorandum: Plaintiff commenced this RPAPL 861 action seeking damages...
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