DIPSON REALTY CO., INC. v. STATE


39 A.D.2d 636 (1972)

Dipson Realty Company, Inc., Appellant, v. State of New York, Respondent. (Claim No. 51918.)

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

April 19, 1972


Judgment unanimously reversed on the law and facts and a new trial granted, with costs to claimant.

Memorandum:

Claimant appeals on the ground of inadequacy from an award of $98,040 for the taking of a portion of its drive-in theatre property located near Hornell, New York. The subject property was the only drive-in theatre in the area. It was a specialty and, therefore, it was proper to appraise it by the reproduction cost less depreciation method (Matter...

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