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CURRIE v. STATE

34 A.D.2d 1027 (1970)

John H. Currie et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 47293.)

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

June 2, 1970

MEMORANDUM BY THE COURT.

Claimants were awarded $10,396.86 together with interest thereon, for the taking of 7.684 acres and for two temporary easements of .113 acre. Claimants filed two appraisal reports pursuant to rule 25a of the Court of Claims, one by Rodmann M. Fellows and the other by R. J. Clark. However, Clark did not testify at the trial. Thus his report was not in evidence. The trial court erroneously accepted the appraisal not in evidence in arriving at...

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