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FAULKNER v. STATE

33 A.D.2d 1076 (1970)

Mabel B. Faulkner, Respondent, v. State of New York, Appellant. (Claim No. 47488.)

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

February 20, 1970

MEMORANDUM BY THE COURT.

The State appropriated a permanent easement over 1,053 square feet of claimant's property, a lot 22,274 square feet in size, on which a nursing home was operated, in the Village of Delanson, Town of Duanesburg, County of Schenectady. Both experts testified that the highest and best use before and after appropriation was for a nursing home. The trial court improperly awarded $2,000 for the retaining wall which the State is under a continuing...

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