SHERIDAN DRIVE-IN v. STATE OF N. Y.


16 A.D.2d 400 (1962)

Sheridan Drive-in, Inc., Appellant, v. State of New York, Respondent. (Claim No. 36384.)

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

May 18, 1962.


Attorney(s) appearing for the Case

Borins & Snitzer (Leo J. Fallon of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Donald A. MacHarg and Paxton Blair of counsel), for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN and McCLUSKY, JJ., concur.


HALPERN, J.

The State appropriated a substantial part of the site of claimant's drive-in theatre in the Town of Tonawanda for use in connection with the construction of the Niagara section of the New York State Thruway. The claimant's premises abutted on Grand Island Boulevard on the west and on Ensminger Road on the north. Grand Island Boulevard was a heavily travelled highway. As a result of the appropriation...

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