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DIOCESE OF BUFFALO v. STATE OF NEW YORK

24 N.Y.2d 320 (1969)

Diocese of Buffalo, New York, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 43266.) Buffalo Burial Park Association, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 44079.) St. Stanislaus Roman Catholic Church Society, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 43964.)

Court of Appeals of the State of New York.

Decided April 10, 1969.

Attorney(s) appearing for the Case

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

Kevin Kennedy for respondent-appellant in the first above-entitled action.

John E. Leach, F. Paul Norton and Franklin R. Brown for respondent-appellant in the second above-entitled action.

Kevin Kennedy and Leonard Lipowicz for respondent-appellant in the third above-entitled action.

Judges BERGAN, BREITEL and JASEN concur with Chief Judge FULD; Judge BURKE dissents and votes to affirm in an opinion in which Judges SCILEPPI and KEATING concur.

Chief Judge FULD.

In each of these three condemnation proceedings, we are called primarily upon to decide the method to be employed in computing a claimant's damages where there has been a partial taking of cemetery lands. Since this question of law is applicable to all three appeals, it may be helpful to discuss it before undertaking a more detailed consideration of each of the several appeals themselves.

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