MATTER OF KARRAS v. MICHAELIS


19 N.Y.2d 449 (1967)

In the Matter of Theodore Karras, Respondent, v. Walter G. Michaelis et al., Constituting the Board of Zoning Appeals of the Town of Hempstead, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 16, 1967.


Attorney(s) appearing for the Case

Howard E. Levitt, Town Attorney (Joel S. Kaplan of counsel), for appellants.

Paul Edwin Kast for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL concur; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.


Per Curiam.

The State acquired by condemnation property of petitioner's contract vendors, Mollica. A settlement of the Mollicas' claim against the State for damages for the taking was made for $17,000. The State also "deeded us back", as Mr. Mollica testified (or released an easement as other parts of the record suggest), a portion of the property taken. That portion is the subject of this proceeding. The contract...

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