Niagara Falls Urban Renewal Agency v. Harkins

Judgment and order unanimously affirmed, with costs. Memorandum: The sole issue presented on this appeal is whether the order confirming the report and award of the Commissioners in a condemnation proceeding should be modified on the ground that the award is excessive. In City of Niagara Falls v. New York Cent. R. R. Co. (31 A D 2d 780) we stated that in a condemnation proceeding, as distinguished from an appropriation case, the power of the court to review is- strictly limited. The court cannot modify but must either confirm the report or reject it for irregularities in the proceeding, or…