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MAZUR BROTHERS REALTY, LLC v. STATE

59 A.D.3d 401 (2009)

873 N.Y.S.2d 326

MAZUR BROTHERS REALTY, LLC, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 112660.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 3, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

On April 4, 2006 the defendant State of New York acquired, by eminent domain, real property owned by the claimant, Mazur Brothers Realty, LLC. Prior to the taking, the State made prevesting offers to the claimant for the appropriation, pursuant to EDPL 303. The parties then entered into a binding agreement of adjustment, wherein the claimant accepted the State's offered compensation as payment...

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