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HOMAID BRANDS, INC. v. STATE

28 A.D.2d 1174 (1967)

Homaid Brands, Inc., Respondent, v. State of New York, Appellant. (Claim No. 42031.)

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

November 17, 1967

MEMORANDUM BY THE COURT.

Appeal by the State from a judgment of the Court of Claims which awarded damages for the appropriation of lands for highway purposes. No basis appears for disputing the trial court's explicit statements that its evaluaions of the property were those obtaining on the taking date and that its determination gave consideration and effect to the proof as to the cost of compliance with the health regulations invoked by the municipality. Neither...

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