Yonkers Community Development Agency v. Barca

Appellate Division of the Supreme Court of New York

Yonkers Community Development Agency v. Barca

52 A.D.2d 604, 382 N.Y.S.2d 297, 1976 N.Y. App. Div. LEXIS 12217

Appellate Division of the Supreme Court of the State of New York·Decided April 12, 1976·Published

Opinion

In a condemnation proceeding, plaintiff appeals from a final order of the Supreme Court, Westchester County, dated November 3, 1975, which, inter alia, (1) confirmed a report of commissioners of appraisal and (2) granted respondents Barca an "extra allowance” of 5% upon the award. Order affirmed, without costs or disbursements. The valuation of the commissioners was arrived at in accord with established procedure and we find it to be fair and proper. Moreover, Special Term did not abuse its discretion by its award of a statutory 5% additional allowance (see Condemnation Law, § 16, subd 2). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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In a condemnation proceeding, plaintiff appeals from a final order of the Supreme Court, Westchester County, dated November 3, 1975, which, inter alia, (1) confirmed a report of commissioners of appraisal and (2) granted respondents Barca an "extra allowance” of 5% upon the award. Order affirmed, without costs or disbursements. The valuation of the commissioners was arrived at in accord with established procedure and we find it to be fair and proper. Moreover, Special Term did not abuse its discretion by its award of a statutory 5% additional allowance (see Condemnation Law, § 16, subd 2). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

Yonkers Community Development Agency v. Barca, 52 A.D.2d 604, 382 N.Y.S.2d 297, 1976 N.Y. App. Div. LEXIS 12217 (N.Y. Ct. App. 1976).

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52 A.D.2d 604 (Yonkers Community Development Agency v. Barca) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.