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MATTER OF TOWN OF OYSTER BAY

2015-00175, Index No. 18701/10.

139 A.D.3d 741 (2016)

30 N.Y.S.3d 699

2016 NY Slip Op 03515

In the Matter of TOWN OF OYSTER BAY, Respondent; BPJ MARINE CORPORATION, Doing Business as GUS MARINE, Appellant.

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

Decided May 4, 2016.

Ordered that the judgment is affirmed, with costs.

The measure of damages in a condemnation case "must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such use at the time" (Chemical Corp. v Town of E. Hampton, 298 A.D.2d 419, 420 [2002]; see Chester Indus. Park Assoc., LLP v State of New York, 65...

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