SMITH v. STATE


281 A.D. 1064 (1953)

Albert G. Smith, Respondent, v. State of New York, Appellant. (Claim No. 30830.)

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

May 6, 1953.


Judgment modified on the law and facts in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party. Certain findings of fact and conclusions of law disapproved and reversed and new findings made.

Memorandum:

The claim is for damages arising out of the appropriation of parcel 30, a piece of unimproved marginal land, .03 of an acre in area. The sole damages resulting from the taking of this parcel is the value of...

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