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LEWKOWICZ v. STATE

24 A.D.2d 727 (1965)

Henry Lewkowicz et al., Appellants, v. State of New York, Respondent. (Claim Nos. 37900, 42633.)

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

September 21, 1965

MEMORANDUM BY THE COURT.

Following the oral argument, we withheld determination of the appeal and remanded the case to the trial court for adequate findings. (23 A.D.2d 915.) Additional findings have now been filed, but we find the award inadequate. The State submitted no adequate proof of value on the basis of the potential commercial use which subsequently the trial court properly found; and we agree with the Court of Claims that...

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