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BALDWIN-HALL CO., INC. v. STATE

16 N.Y.2d 1005 (1965)

Baldwin-Hall Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 35692.)

Court of Appeals of the State of New York.

Decided November 24, 1965.

Attorney(s) appearing for the Case

Vincent A. O'Neil, George R. Fearon and Angela E. Struglia for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD and BURKE concur in MEMORANDUM; Judges VAN VOORHIS and BERGAN dissent in separate opinions in each of which the other concurs and in both of which Judge SCILEPPI concurs.

MEMORANDUM:

The order should be affirmed, without costs, on the memorandum at the Appellate Division. We make this further comment: the market value of claimant's property was probably diminished after and because of the public improvement which involved a change of grade of Oswego Boulevard on which street claimant's property fronted before any of the changes were made. However, as explained in Selig v. State of New...

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