1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 31 N.Y.2d
  5. 31 N.Y.2d 944 (1972)
 

PETER KIEWIT SONS' CO. v. STATE

31 N.Y.2d 944 (1972)

Peter Kiewit Sons' Co., Respondent, v. State of New York, Appellant. (Claim No. 42404.)

Court of Appeals of the State of New York.

Decided December 29, 1972.

Attorney(s) appearing for the Case

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

Homer E. Peters and Livingston T. Coulter for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judges BREITEL and JASEN dissent and vote to reverse and grant a new trial on the dissenting opinion at the Appellate Division.

Order affirmed, with costs, in the following memorandum: The appeal presents no dispute as to the rule of law under which a condemnee is denied recovery for enhancement in value attributable to the appropriation itself (see, e.g., United States v. Miller, 317 U.S. 369); but both courts below, in determining the purely factual issues presented, were warranted in finding no basis in the evidence...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases