SPAULDING v. STATE


24 A.D.2d 910 (1965)

Freeman Spaulding et al., Respondents, v. State of New York, Appellant. (Claim No. 41444.)

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

November 18, 1965


HERLIHY, J.

Appellant questions the court's action with reference to improvements on property found to be commercial. While the court in its decision indicated that the improvements had some value for commercial use, it was found that the improvements were worth less for commercial use than for any other use. The court stated: "In other words, the seller in order to get the higher commercial value would have to realize he would lose some of the value...

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