BENDER v. STATE


27 A.D.2d 792 (1967)

Austin W. Bender, Jr. et al., as Executors of Austin W. Bender, Sr., Deceased, Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 44503.)

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

February 16, 1967


Judgment unanimously modified on the law and facts in accordance with the Memorandum, and as modified affirmed, with costs to claimants. New findings made and inconsistent findings reversed.

Memorandum:

This was what we might refer to as the "second taking". The first appropriation was in Case No. 45, decided herewith. In our decision in that case we decided that the value of the remaining property after the first appropriation was $4.17 per square foot. The...

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