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LEVIN v. STATE OF NEW YORK

17 A.D.2d 335 (1962)

Fanny Levin et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 34293.)

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

December 7, 1962.

Attorney(s) appearing for the Case

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

Guggenheimer & Untermyer (Monroe Goldwater, Harry Hoffman and Leon H. Tykulsker of counsel), for respondents-appellants.

GIBSON and HERLIHY, JJ., concur with COON, J.; BERGAN, P. J., dissents and votes to modify the judgment in an opinion in which REYNOLDS, J., concurs.

COON, J.

The Court of Claims has awarded $557,365 to claimants as compensation for land taken and for consequential damage to land not taken. The claimants contend they are entitled to $1,056,695. The State asserts claimants are entitled to approximately $257,615. This great differential is not only due to the difference of value opinion between expert appraisers, but is largely dependent upon the consideration...

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