ROCHESTER SMELTING & REF. CO., INC. v. STATE


38 A.D.2d 674 (1971)

Rochester Smelting and Refining Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 50921.)

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

December 2, 1971


Judgment unanimously modified on the law and facts in accordance with memorandum, and as so modified, affirmed, with costs to claimant.

Memorandum:

The claimant has appealed from an award of $88,242, contending that it is inadequate. The premises taken consist of two parcels of land improved by a six-story masonry building in the City of Rochester. There was a total taking of claimant's property for highway purposes. In fixing its award the trial court incorrectly...

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