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BARBER & BENNETT v. STATE OF N. Y.

34 A.D.2d 303 (1970)

Barber and Bennett, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 45699.)

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

June 2, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for appellant-respondent.

De Graff, Foy, Conway & Holt-Harris (William F. Conway of counsel), for respondent-appellant.

REYNOLDS, GREENBLOTT, COOKE and SWEENEY, JJ., concur.

HERLIHY, P. J.

The parties appeal from a judgment awarding $1,014,096.81 plus interest as damages for a partial taking of claimant's property for highway purposes.

The claimant operated a feed mill business upon the premises with which we are here concerned. The improvements consisted of a three-story brick and frame warehouse erected in 1903 and subsequently adapted by the claimant to its business, and...

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