MALLY v. STATE


28 A.D.2d 1083 (1967)

William A. Mally et al., Appellants, v. State of New York, Respondent. (Claim No. 42621.)

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

October 26, 1967


Judgment unanimously reversed on the law and facts and new trial granted, without costs.

Memorandum:

Claimants appeal from a judgment awarding them $2,820 plus interest as damages for appropriation of land for highway purposes upon the ground that the award is inadequate. Claimants' property consisted of 87 acres of land on both sides of a State highway in the Town of Aurora, Erie County. The parcel on the north side had a frontage of 1,532 feet with a depth...

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