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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).

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MATTER OF DODGE v. EL ROH REALTY CORP
(Nov 2, 1972)