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EVANS v. STATE

34 A.D.2d 1042 (1970)

William T. Evans, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 40983.)

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

June 29, 1970

REYNOLDS, J. P.

When this case was previously before us (29 A.D.2d 611) we noted that the litigants and their experts agreed that the property involved was divided into separate and distinct parcels whereas the trial court found an average value for the entire plot. Accordingly, we directed, since the Trial Judge had died, either a new trial or, if the parties agreed, submission...

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