MILLER v. STATE OF NEW YORK


279 A.D. 1139 (1952)

Maurice E. Miller et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 29417-A.)

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

May 16, 1952.


Judgment modified on the law by reducing the award for land value from $1,500 to $1,000, making the total award $2,600 and interest, and as modified affirmed, without costs of these appeals to any party. The findings of fact have been examined and affirmed.

Memorandum:

The claimant's proof was that the cracks in the concrete block building were first noticed when the piling was being driven and before any excavation, if there was excavation, was commenced...

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