BECKER v. STATE


24 A.D.2d 834 (1965)

Rose S. Becker, Also Known as Rose Stone, Individually and as Executor of David Stone, Deceased, et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 40661.)

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

October 28, 1965


Judgment affirmed, without costs of these appeals to any party.

Memorandum:

We agree with the conclusion of the trial court that the fair and reasonable market value of the property at the time of appropriation was the sum of $50,000. We further agree that the highest and best use of the property was commercial but upon the scanty proof on the subject we disapprove the further finding that such use was enhanced as a key piece of land to be used in conjunction...

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