HOCKER v. STATE


29 A.D.2d 899 (1968)

Henry Hocker et al., Appellants, v. State of New York, Respondent. (Claim No. 43391.)

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

March 7, 1968


HERLIHY, J.

The sole issue on this appeal is whether or not, on the present record, the trial court should have awarded damages based on the value of a natural depression included in the fee taking. The depression was referred to on the trial as a "sump" and was found to be adequate and available for the drainage of so much of the claimants' commercial land as constitutes a 53 acre parcel. The zoning law applicable to this property required that the 53...

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