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ANDREWS v. STATE OF NEW YORK

9 N.Y.2d 606 (1961)

John M. Andrews et al., Respondents, v. State of New York et al., Appellants. (Claim No. 34211.)

Court of Appeals of the State of New York.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Thomas F. Moore, Jr., for Power Authority of the State of New York, appellant.

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

George J. Skivington for respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and FOSTER concur; Judge BURKE dissents in a separate memorandum in which Judge FROESSEL concurs.

MEMORANDUM:

The trial court has found as a fact and the Appellate Division affirmed that the appropriation of the subject property for the construction of a power line was not contemplated by the original project, which was enlarged to include that purpose only after the project was well under way. The valuation of the property for that purpose included an element of value enhanced...

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