TARBELL RD. REALTY, INC. v. STATE


28 A.D.2d 819 (1967)

Tarbell Road Realty, Inc. et al., Respondents, v. State of New York, Appellant. (Claim No. 39680.)

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

June 29, 1967


Judgment unanimously modified on the law and facts by reducing the amount thereof from $28,075 to $19,091 and, as so modified, affirmed without costs.

Memorandum:

The State appropriated 1.123 acres of respondents' lands for a permanent easement. The trial court found that the land had a value of $25,000 per acre and computed a damage figure of $28,075. All parties now concede that this was erroneous as the 1.123 acres was part of a total of 38.30 acres for...

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