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STATE v. PROBASCO, ET AL.

A-126-69.

114 N.J. Super. 546 (1970)

277 A.2d 546

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. ETHEL W. PROBASCO, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1970.

Attorney(s) appearing for the Case

Mr. David A. Biederman, Deputy Attorney General, argued the cause for appellant (Mr. George F. Kugler, Jr., Attorney General, and Richard L. Bonello, Esq., attorneys).

Mr. Ralph S. Heuser, Jr. argued the cause for respondent Ethel W. Probasco (Messrs. Heuser & Heuser, attorneys; Mr. Ralph S. Heuser, of Counsel).

Before Judges CONFORD, KOLOVSKY and CARTON.

The opinion of the court was delivered by CONFORD, P.J.A.D.

In this condemnation case, tried to a jury, involving two separate properties of the same owner, but differently located, the trial judge vacated the jury verdict as to both properties on the ground that the testimony of the State appraisal expert, Walter H. Geary, "was wilfully false, * * * was of a substantial nature, could have affected the creditability of the witnesses" of the landowner, "impeded cross...

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