SEREFINE v. STATE


40 A.D.2d 754 (1972)

Louis B. Serefine et al., Respondents, v. State of New York, Appellant. (Claim No. 52261.)

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

October 26, 1972


Judgment unanimously modified, on the law and facts, in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

Claimants offered evidence of an agreement to sell the premises to a third party. No advance notice of this agreement was given to the State. Under the circumstances evidence about the agreement should not have been received. The court permitted some testimony about the agreement but stated "To be perfectly frank, I won...

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