PURCHASE HILLS ASSOC. v. STATE OF N. Y.


35 A.D.2d 78 (1970)

Purchase Hills Realty Associates, Respondent, v. State of New York, Appellant. (Claim No. 46031.)

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

July 20, 1970.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Jean M. Coon of counsel), for appellant.

David Marcus (John E. Watkins, Jr., of counsel), for respondent.

REYNOLDS and STALEY, JR., JJ., concur with GREENBLOTT, J.; HERLIHY, P. J., dissents and votes to modify by reducing the award to $152,008, with interest, and, as so modified, affirm, in opinion in which SWEENEY, J., concurs.


GREENBLOTT, J.

This is an appeal from a judgment in favor of claimant, entered January 16, 1969, upon a decision of the Court of Claims.

Claimant is a partnership formed in 1963 for the purpose of purchasing 317 acres of undeveloped rolling land in the Town of Harrison, Westchester County, developing a golf course on a portion thereof, and developing homesites on the land surrounding the golf course. The...

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