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KATZ v. STATE OF NEW YORK

10 A.D.2d 164 (1960)

William Katz et al., as Copartners Doing Business as Public Service Garage, Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 33282.)

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

March 28, 1960.

Attorney(s) appearing for the Case

Levene & Gouldin (David Levene of counsel), for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for respondent-appellant.

BERGAN, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

COON, J.

This was a complete taking in fee for arterial highway purposes. (Highway Law, art. XII-B.) The Court of Claims awarded claimants the sum of $232,500 as the fair market value of the lands, buildings and improvements, plus the sum of $888.33 as the cost of moving and reinstalling at another location, a car lift, air lines and neon signs. The State originally cross-appealed from the entire judgment on the ground of excessiveness, but has now withdrawn...

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