DAY v. STATE


39 A.D.2d 821 (1972)

Jeanne Day, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 51117.)

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

May 25, 1972


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

Memorandum:

The appropriation on November 21, 1967 took part of claimant's property which she had purchased on July 12, 1966 at a cost of $30,018 including improvements and repairs. Evidence of this purchase was relevant, material and competent upon the issue of damages (Court of Claims Act, § 16). Being recent in...

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