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KOGUT v. STATE

24 A.D.2d 928 (1965)

Benjamin Kogut et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 38643.)

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

November 29, 1965

HAMM, J.

At the outset it may be noted that the findings of fact and the award are $21,560 too low because of a clerical mistake, which the State has recognized and explained. Increased by this sum the award is within the range of the testimony and amply warranted by the competent credible evidence. We find nothing in the decision to support the State's argument of duplication of damages and no erroneous appraisal...

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