Yonkers Urban Renewal Agency v. 44 Prospect Street, Inc.

On the court’s own motion, its decision and order, both dated September 22, 1975 (49 AD2d 752), are withdrawn and vacated and the following substituted decision is rendered: In a condemnation proceeding, the condemnor appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated October 25, 1974, which, inter alia, granted the claimant’s motion to confirm a report of commissioners of appraisal. Order and judgment modified, on the law and the facts, by striking therefrom the first, second, third, sixth and seventh decretal paragraphs and by substituting…