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BAIVARD REALTY CORP. v. STATE

25 A.D.2d 693 (1966)

Baivard Realty Corp., Individually and as Assignee of M. N. Axinn Co. Inc. and as Assignee of Maxco, Inc., Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 36860.)

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

March 28, 1966

GIBSON, P. J.

Appeal by claimant Baivard Realty Corp., on the ground of inadequacy, from an award which included damages of $45,000 for the appropriation, in connection with a railroad grade crossing elimination, of a temporary easement for a railroad detour upon an area of 22,478 square feet of land theretofore used for purposes of a lumber yard and millwork plant, this appropriation, plus a fee taking, leaving an area of 48,321 square feet available...

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