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MARJAL REALTY CORP. v. STATE

23 A.D.2d 941 (1965)

Marjal Realty Corporation, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 39639.)

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

May 24, 1965

Per Curiam.

The State contends that the award was excessive in that it included twice the replacement cost less depreciation of certain retaining walls. But this argument, even if accepted, would only be germane if we were to assume that the Court of Claims erroneously based its award on the reproduction cost method which is not applicable here (Matter of Semple School for Girls v. Boyland, 308 N.Y. 382, 389; Matter...

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