NEW ROCHELLE WATER CO. v. STATE


9 A.D.2d 824 (1959)

New Rochelle Water Company, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 33578.)

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

November 13, 1959


The State of New York appropriated certain streets in the City of New Rochelle for Thruway purposes and in so doing the taking rendered valueless pipes and other property of the claimant located in the streets under franchise rights. The State, without offering any proof, contended such an appropriation was not subject to a claim for damages and in any event, the only damages were "salvage value". The claimant appeals from the amount of the award on the grounds it is insufficient...

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