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A. E. OTTAVIANO, INC. v. STATE

26 A.D.2d 844 (1966)

A. E. Ottaviano, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 40958.)

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

October 20, 1966

REYNOLDS, J.

The property taken was a triangularly shaped portion of about .09 acre from an irregularly shaped parcel of about 4 acres. The land, zoned for commercial use, was vacant and unimproved. The Court of Claims found a before value of $74,500 and an after value of $62,500 for damages of $12,000 for the direct taking. It refused any award for consequential damages. The State contends that since the triangular portion taken has an average depth...

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