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COONEY BROS. v. STATE OF N. Y.

27 A.D.2d 93 (1966)

Cooney Brothers, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 42437.)

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

December 30, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant-respondent.

Herman E. Gottfried for respondent-appellant.

GIBSON, P. J., REYNOLDS, STALEY, JR., and BRINK, JJ., concur in Per Curiam opinion; HERLIHY, J., dissents and votes to modify and reduce award to $3,000.

Per Curiam.

This is an appeal and cross appeal from a judgment of the Court of Claims (COLEMAN, J.), awarding claimant $286,955, plus interest for the appropriation of claimant's installation.

Claimant, a gravel manufacturer, leased two adjacent parcels of land, installed heavy equipment thereon and engaged in the production of sand and gravel until the State pursuant to section 30 of the Highway Law appropriated...

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