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GREAT A. & P. TEA CO. v. STATE OF NEW YORK

22 N.Y.2d 75 (1968)

Great Atlantic & Pacific Tea Company, Inc., Appellant, v. State of New York, Respondent. (Claim No. 39750.) Garfield Homes, Inc., Respondent, v. State of New York, Appellant. (Claim No. 39736.)

Court of Appeals of the State of New York.

Reargued February 15, 1968.

Decided May 15, 1968.

Attorney(s) appearing for the Case

Adolph Kaufman, Murray C. Spett and Morris Gutt for appellant in the first above-entitled action.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman, Ruth Kessler Toch and Emil Woldar of counsel), for respondent in the first above-entitled action.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman, Ruth Kessler Toch and Emil Woldar of counsel), for appellant in the second above-entitled action.

Stephen B. Brown, Alfred Wohl and Charles A. Lubitz for respondent in the second above-entitled action.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING and JASEN concur with Judge SCILEPPI; Judge BREITEL dissents in part in a separate opinion.

SCILEPPI, J.

Claimants A & P and the State appeal, pursuant to leave granted by this court from an order of the Appellate Division, Third Department, which unanimously affirmed judgments of the Court of Claims awarding the landlord, respondent Garfield Homes, Inc., the sum of $37,532.32 and the tenant, appellant A & P, the sum of $3,602.68 as damages for their respective interests in real property appropriated...

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