UTILS. & INDS. CORP. v. STATE OF N. Y.


27 A.D.2d 489 (1967)

Utilities and Industries Corp., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 39026.)

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

May 31, 1967.


Attorney(s) appearing for the Case

Elias M. Schwarzbart for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for appellant-respondent.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.


GABRIELLI, J.

This is an appeal by the State from a judgment of the Court of Claims awarding claimant $153,793.44, including interest, for direct and consequential damages resulting from an appropriation of land; and cross appeal by the claimant on the ground of inadequacy.

The taking was occasioned by the construction of the Glen Cove Arterial Highway which severed the 5.625 acres owned by claimant and...

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