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OLD OAKS COUNTRY CLUB v. STATE OF N. Y.

35 A.D.2d 71 (1970)

Old Oaks Country Club, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 46222.)

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

July 20, 1970.

Attorney(s) appearing for the Case

Bleakley, Platt, Schmidt, Hart & Fritz (Frederick J. Martin of counsel), for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Richard A. Foster and Ruth Kessler Toch of counsel), for appellant-respondent.

HERLIHY, P. J., REYNOLDS, STALEY, JR., and GREENBLOTT, JJ., concur.

SWEENEY, J.

This is an appeal by the State and cross appeal by the claimant from a judgment of the Court of Claims, entered September 10, 1969, awarding the sum of $450,100 to the claimant for direct and consequential damages for the appropriation of lands for highway purposes.

The parties agree, and the trial court found, that the best use of claimant's property both before and after the appropriation...

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