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KUPERSMITH v. STATE

40 A.D.2d 738 (1972)

Eda Kupersmith et al., Respondents, v. State of New York, Appellant. (Claim No. 49412.)

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

October 26, 1972

The State appeals from an award for the appropriation of 6,538 square feet taken from the front of respondents' land to widen the Sunrise Highway in the Town of Islip, Suffolk County. The property, a corner lot containing 24,375 square feet, improved with a one-story commercial building, was utilized as a used car lot. Claimants' appraiser opined that the highest and best use was for a gasoline service station while the State's expert testified that the highest and best use...

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