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MINESTA REALTY CO. v. STATE OF N. Y.

29 A.D.2d 335 (1968)

Minesta Realty Co., Inc., Respondent, v. State of New York, Appellant. (Claim No. 38856.)

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

March 11, 1968.

Attorney(s) appearing for the Case

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

Kramer, Wales & Robinson (Donald W. Kramer of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur.

GABRIELLI, J.

The State appeals from a judgment of the Court of Claims awarding damages for an appropriation. The case was before us on a prior appeal. (26 A.D.2d 592.)

The claimant was the owner of a parcel of land consisting of 6.82 acres, the rear portion of which was leased to International Business Machines Corporation and upon which it had a warehouse to which access was provided over a right of way from...

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