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KLEECK v. STATE

18 N.Y.2d 897 (1966)

Ralph Van Kleeck et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 39285.)

Court of Appeals of the State of New York.

Decided November 29, 1966.

Attorney(s) appearing for the Case

Guido J. Napoletano and William J. Ryan for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for respondent-appellant.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

MEMORANDUM.

The order appealed from should be modified (see Cornell v. T. V. Development Corp., 17 N.Y.2d 69, 73). Since the property was valued on a commercial basis, no value should have been assigned to the buildings on the property, which were inconsistent with that use (Matter of Erlanger, 237 N.Y. 159, 164; Spano v. State of New York, 22 A.D.2d...

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