NISSENBAUM v. STATE


24 A.D.2d 807 (1965)

Joseph Nissenbaum et al., Respondents, v. State of New York, Appellant. (Claim No. 40269.)

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

October 29, 1965


MEMORANDUM BY THE COURT.

From an improved tract of 13 acres, used, and best suited for use as a Summer bungalow colony and residence, the State appropriated 0.384 acre and brought a new highway in close proximity to certain of the buildings; the resulting loss of privacy and seclusion and highway noises and lights, with other and lesser elements of damage, causing, as is conceded, depreciation in value and demonstrated diminution of business income of a previously...

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