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CRIMSWAL REALTY CORP. v. STATE OF N. Y.

27 A.D.2d 350 (1967)

Crimswal Realty Corporation, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 40928.)

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

May 1, 1967.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Seth Towse of counsel), for appellant-respondent.

David Marcus and William S. Gray for respondent-appellant.

GIRSON, P. J., HERLIHY, REYNOLDS, AULISI and STALEY, JR., JJ., concur in opinion per HERLIHY, J.

HERLIHY, J.

The claimant in 1954 purchased the property in question, which had frontage of approximately 781 feet on Route 52 and approximately 813 feet on what was formerly Route 52, the property being half-moon in shape and consisting of some 0.910 acre. The appropriation took place in 1961. The taking consisted of about 0.570 acre, which included 504 feet on Route 52 and a gasoline station built by the claimant...

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