RILEY v. STATE


5 A.D.2d 951 (1958)

Millard F. Riley, Individually and as Executor of James W. Riley, Deceased, Appellant-Respondent, v. State of New York, Respondent-Appellant

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

March 5, 1958


Judgment reversed on the law and facts and a new trial granted, with costs to the claimant-appellant to abide the event. Cross appeal by the State dismissed, without costs.

Memorandum:

The Court of Claims held that there was a failure of proof of value on the part of the claimants because all the valuations testified to by the experts for the claimants had been based upon the assumption of a unity of ownership, whereas, under the conclusion reached by the...

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