TENDAL v. STATE


29 A.D.2d 833 (1968)

Vermund H. Tendal et al., Appellants, v. State of New York, Respondent. (Claim No. 46027.)

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

February 22, 1968


Judgment unanimously modified on the law and facts to the extent of increasing the amount of the award to $56,182, and as modified affirmed, without costs. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

Claimants were awarded $38,360 for the entire taking of their property. Their expert testified, and the trial court properly found, that the highest and best use for all of the property was commercial. However, the State...

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