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ERA REALTY, ET AL., APPELLANTS, v. STATE OF NEW YORK, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

EDPL 303 provides, in relevant part, that "[t]he condemnor shall establish an amount which it believes to represent just compensation for the real property to be acquired [and] [t]he condemnor shall make a written offer to acquire the property for one hundred per centum of the valuation". However, EDPL 304 states that a condemnee may accept the offer as payment in full (see, EDPL 304[A][2]), or reject the offer as payment in full and elect to accept the offer as an advance payment, thereby reserving the right to claim additional compensation (see, EDPL 304[A][3]).

Contrary to the claimants' assertion, the "Agreement of Adjustment" is a binding agreement as to the amount of their compensation (see, Menna v. State of New York, 10 A.D.2d 753, affd 12 N.Y.2d 956). Since the Agreement of Adjustment reflects that the claimants accepted the defendant's offer as payment in full, the Court of Claims properly granted the defendant's motion to dismiss.

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ERA REALTY v. STATE OF NEW YORK
(Mar 5, 2001)