Dodge v. El Roh Realty Corp. — 40 A.D.2d 937

Majority

p. 937

In the Matter of Raymond H. Dodge, as Commissioner of Public Works of the City of Syracuse, Appellant, v. El Roh Realty Corp., Respondent.

Order unanimously affirmed, with costs. Memorandum: The city is in error in its contention that the Commissioners of Appraisal awarded $18 per square foot for the land. The record shows that the award was at the rate of $11 per square foot, and Special Term properly confirmed the award (Matter of Huie, 2 N Y 2d 168 ). The grant of 5% additional allowance was within the proper discretion of Special Term (see Matter of Dodge v. Tierney, 40 A D 2d 936 ). (Appeal from order of Onondaga Special Term in condemnation proceeding.) Present—Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

Cases cited

In re Huie 2 N Y 2d 168 N.Y. 1956-11-30 p. 937
Dodge v. Tierney 40 A D 2d 936 N.Y. App. Div. 1972-11-02 p. 937