VITALE v. STATE


33 A.D.2d 977 (1970)

Joseph J. Vitale, Appellant-Respondent, v. State of New York, Respondent-Appellant. (And Four Other Actions.) (Claim Nos. 44635, 44894, 44895, 44896, 44897.)

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

January 15, 1970


Judgment unanimously modified on the law and facts by directing that a new trial be had on the issue of the reasonable value of the concrete batch plant, and as so modified affirmed, with costs.

Memorandum:

Claimants were denied compensation for a concrete batch plant taken by the State on the grounds that it was not a fixture and was erected after claimants had notice of the impending appropriation. From the trial record it appears that the superstructure...

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