WINEBURGH v. STATE


20 A.D.2d 961 (1964)

Samuel J. Wineburgh, Respondent, v. State of New York et al., Appellants. (Claim No. 37747.)

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

April 9, 1964


Judgment unanimously modified on the law and facts, by fixing the damage for the direct appropriation at $24,000, with costs to claimant, and matter remitted to the Court of Claims for further proceedings in accordance with the memorandum. Certain finding of fact disapproved and reversed and new finding made.

Memorandum:

This is an appeal from a judgment awarding the claimant damages for the appropriation of land and its consequences. At the outset we point...

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