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NUCCITELLI v. STATE

25 A.D.2d 700 (1966)

Nicholas M. Nuccitelli et al., Respondents, v. State of New York, Appellant. (Claim No. 40726.)

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

March 28, 1966

MEMORANDUM BY THE COURT.

In this appropriation case involving premises improved by a ranch-type dwelling which was neither unique nor a specialty, the evidence necessarily relied upon by the trial court was adduced from claimants' expert witness who testified as to the value of the land and evaluated the building prior to the appropriation solely on the basis of reproduction cost less depreciation. The State's expert used in part the same erroneous theory, as well...

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