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RAG HERKIMER, LLC v. HERKIMER COUNTY

461 CA 21-01611.

208 A.D.3d 1016 (2022)

173 N.Y.S.3d 96

2022 NY Slip Op 04854

Rag Herkimer, LLC, Appellant, v. Herkimer County, Respondent. (Appeal No. 2.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

LONGSTREET & BERRY, LLP, FAYETTEVILLE ( MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-APPELLANT.

THE WEST FIRM, PLLC, ALBANY ( CHRISTOPHER W. RUST OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: In appeal No. 1, plaintiff appeals from a decision, entered after a bench trial on the issue of just compensation, determining that the fair market value of certain real property that had been acquired by defendant through eminent domain was $575,600. In appeal No. 2, plaintiff appeals from a judgment that, inter...

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