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LATHAM HOLDING CO. v. STATE OF N. Y.

16 N.Y.2d 41 (1965)

Latham Holding Co., Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 37351.)

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

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

John E. Wisely for respondent-appellant.

Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur.

VAN VOORHIS, J.

On January 23, 1959 the State appropriated part of claimant's property located in the Town of Colonie, Albany County, for highway purposes. The Court of Claims found that the highest and best use of the property before the appropriation was for commercial purposes, that the highest and best use of the property remaining after the appropriation was for limited commercial use, such as for advertising...

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