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HEATH v. STATE

28 A.D.2d 611 (1967)

Anna M. Heath, Appellant, v. State of New York, Respondent. (Claim No. 40143.)

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

May 22, 1967

MEMORANDUM BY THE COURT.

The trial court found that the claimant suffered both direct and consequential damages as a result of the appropriation of a portion of her real property. However, the court made no separation of the award as to either type of damage and further found an after value which is more than either the State's proof or the claimant's proof. (See Asken v. State of New York, 25 A.D.2d 922, 923.) We are unable...

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