KING v. STATE


29 A.D.2d 604 (1967)

Sidney King, Appellant, v. State of New York, Respondent. (Claim No. 43107.)

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

December 22, 1967


HERLIHY, J.

Prior to the appropriation, the claimant's property was zoned about one third for commercial use and two thirds for residential use. The parties agree that without the right of way appropriated, the portion zoned for commercial use can no longer be used for commercial purposes although it may now be used for residential purposes. The claimant's expert offered testimony that there was a demand for apartment buildings in this area. He further...

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