GIARRUSSO v. STATE


19 A.D.2d 582 (1963)

Attilio Giarrusso, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim Nos. 3325, 37677.)

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

May 24, 1963


Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to either party.

Memorandum:

Claimant was awarded $58,500 for the permanent appropriation of some four and one-half acres of land and consequential damage to the remaining property. The entire tract of some 114 acres in the Town of Salina was purchased by claimant in 1953 for $35,000. The de facto appropriation occurred in May, 1954. Claimant's principal...

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