RED APPLE REST v. STATE OF N. Y.


27 A.D.2d 417 (1967)

Red Apple Rest, Inc., Appellant, v. State of New York, Respondent. (Claim No. 39675.)

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

May 15, 1967.


Attorney(s) appearing for the Case

David Marcus and William S. Gray for appellant.

Louis J. Lefkowitz, Attorney-General (Emil Woldar and Ruth Kessler Toch of counsel), for respondent.

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


STALEY, JR., J.

This is an appeal by claimant from a judgment of the Court of Claims entered April 18, 1966.

The claimant, a domestic corporation, owns and operates a restaurant situate on the easterly side of Route 17 in the Town of Tuxedo. This parcel has a frontage on Route 17 of approximately 262 feet, and the areas around the restaurant building are paved for parking. The claimant also owns a parcel...

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