HIBBARD v. STATE


24 A.D.2d 837 (1965)

Harold F. Hibbard, Respondent, v. State of New York, Appellant. (Claim No. 40097.)

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

October 28, 1965


Judgment unanimously modified on the law and facts by reducing the award to $23,600, with interest, and as modified affirmed, without costs of this appeal to either party.

Memorandum:

The trial court found that the highest and best use of claimant's property was commercial, or as a gasoline station site. The award is "well within the range of the testimony" (Levin v. State of New York, 13 N.Y.2d 87, 93). However,...

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