A. C. CROSSLEY & SONS, INC. v. STATE


25 A.D.2d 708 (1966)

A. C. Crossley & Sons, Inc., Respondent, v. State of New York, Appellant. (Claim No. 41339.)

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

March 30, 1966


AULISI, J.

The appellant for the first time raises two questions: (1) May the State appropriate property under the doctrine of substitute condemnation, and (2) may the State unilaterally agree to acquire a right of way and build a road for the purpose of minimizing or avoiding consequential damages? Since these issues were not raised in the trial court, they may not be raised here for the first time, and, a fortiori...

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