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MATLOW CORP. v. STATE OF N. Y.

36 A.D.2d 461 (1971)

Matlow Corporation, Appellant, v. State of New York, Respondent. (Claim No. 48434.) Matlow Corporation, Appellant, v. State of New York, Respondent. (Claim No. 48435.) Matlow Corporation, as Assignee of Woltam Realty Company, Inc., Appellant, v. State of New York, Respondent. (Claim No. 48436.)

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

May 20, 1971.

Attorney(s) appearing for the Case

Sullivan, Spencer & McCormack (John E. Lawton of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Dennis Hurley and Ruth Kessler Toch of counsel), for respondent.

DEL VECCHIO, J. P., WITMER, GABRIELLI and MOULE, JJ., concur.

HENRY, J.

Claimant appeals from judgments of the Court of Claims which in awarding compensation for the taking of claimant's property failed to hear proof offered to show that the value of the property had been adversely affected by the project which made the appropriation necessary. Claimant had been engaged in the scrap metal business since 1926. Its lands were adjacent to the New York Central Railroad. Fifty...

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