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WAYSIDE NURSERIES v. STATE OF N. Y.

36 A.D.2d 212 (1971)

Wayside Nurseries, Inc., Individually and as Assignee of Wayside Nurseries Landscape Division Corp., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 47595.)

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

April 8, 1971.

Attorney(s) appearing for the Case

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

Barlow, Miller, Rosenthal & Siegel (Harold M. Halpern of counsel), for respondent-appellant.

DEL VECCHIO, J. P., MARSH, MOULE and CARDAMONE, JJ., concur.

GABRIELLI, J.

We are called upon to review the correctness of an award of $57,000 for direct damages resulting from the appropriation of a permanent easement by the State. At the time of the taking, a portion of claimant's land was zoned commercial and the balance was zoned residential.

The easement taken, consisting of 31,709 square feet, bisects claimant's land and has, therefore, diminished its utility...

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