MESSINA v. STATE


2 A.D.2d 802 (1956)

Daniel A. Messina, Appellant, v. State of New York, Respondent. (Claim No. 32778.)

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

July 11, 1956


Judgment modified on the law and facts by increasing the award to the sum of $52,500 and as modified affirmed, with costs to the claimant. Certain findings of fact and conclusion of law disapproved and reversed and new findings and conclusion made.

Memorandum:

We recognize the general rule that a finding of value made in a condemnation proceeding may not be set aside unless, among other things, it appears that the lower court has failed to give to conflicting...

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