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LYELL SHOPPING CTR. v. STATE OF N. Y.

1 A.D.2d 77 (1955)

Lyell Shopping Center, Inc., Appellant, v. State of New York, Respondent. (Claim No. 30714.)

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

December 29, 1955.

Attorney(s) appearing for the Case

Curtis J. Berger for appellant.

Jacob K. Javits, Attorney-General (Richard H. Shepp and James O. Moore, Jr., of counsel), for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

Per Curiam.

Claimant appeals from a judgment of the Court of Claims awarding $32,400 and interest as damages resulting from a permanent appropriation by the State of New York of a portion of claimant's land used in the operation of a retail shopping center in the city of Rochester, New York. The appeal is upon the ground that the award is insufficient and the judgment is contrary to the law and facts. The physical result

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