CHRISTIANA v. STATE OF N. Y.


39 A.D.2d 263 (1972)

Vernon Christiana, Jr., Respondent, v. State of New York, Appellant. (Claim No. 51347.)

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

July 6, 1972.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Vernon Stuart and Ruth Kessler Toch of counsel), for appellant.

Abelove, Siegel & Abelove (Norman I. Siegel of counsel), for respondent.

MARSH, J. P., GABRIELLI, CARDAMONE and HENRY, JJ., concur.


WITMER, J.

The State appeals from a judgment upon an award of $141,030.40 for its appropriation for highway purposes of claimant's 2.313-acre parcel of land in the City of Utica. The property was a large area (100,736 square feet) bounded on three sides by streets, one of which was a main thoroughfare. All of the comparables used by the appraisers for both parties, except one submitted by claimant's appraiser, were so much smaller and of such little value...

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