MATTYDALE SHOPPING CTR., INC. v. STATE OF NEW YORK


279 A.D. 704 (1951)

Mattydale Shopping Center, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 29991.)

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

November 8, 1951.


Judgment modified on the law and facts by reducing the award to $57,000, and as modified affirmed, without costs of this appeal to either party. Certain findings of fact and conclusion of law disapproved and reversed and new findings and conclusion made.

Memorandum:

This appeal brings up for review the question of the excessiveness of an award made by the Court of Claims of $79,500 for the permanent appropriation of some 0.857 acres of land for the construction...

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