UNITED TRACTION CO. v. STATE


33 A.D.2d 1063 (1970)

United Traction Company, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 46691.)

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

February 11, 1970


HERLIHY, P. J.

The Attorney-General stipulated as to the land value and the court found said land value before the taking to be $225,672, and we so find. The principal issue in dispute concerns whether the property should be considered a specialty so that the rule of damages is governed by reproduction costs less depreciation. A specialty has been described as property "unique in character". (See Keator v...

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