ACME THEATRES v. STATE OF NEW YORK


26 N.Y.2d 385 (1970)

Acme Theatres, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 47381.)

Court of Appeals of the State of New York.

Decided April 23, 1970.


Attorney(s) appearing for the Case

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

Joseph J. Casey and John T. Mitchell for respondent-appellant.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur; Judge GIBSON taking no part.


JASEN, J.

The primary issue presented on this appeal is the propriety of the method of computing damages where there is a partial taking of land and improvements.

On the date of the appropriation, claimant was the owner of a drive-in theatre located on a tract of approximately 4½ acres at the intersection of Routes 9L and 9 near the Village of Lake George. In order to widen Route 9, the State appropriated...

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