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MT. HOPE CEMETERY ASSN. v. STATE OF N. Y.

11 A.D.2d 303 (1960)

Mount Hope Cemetery Association, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 32859.)

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

August 2, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs and Paxton Blair of counsel), for appellant-respondent.

Dorr, Hand, Whittaker & Watson (Rush Taggart and Seth M. Dabney, III, of counsel), for respondent-appellant.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, P. J.

Claimant is a membership cemetery corporation. For Thruway purposes the State in March and April, 1954, appropriated about 16½ acres of its land in the Town of Greenburgh, Westchester County. This acreage was vacant and undeveloped at the time of appropriation, but was being held by claimant for future cemetery use. For direct and consequential damages the Court of Claims has made an award...

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