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LA BRIOLA v. STATE OF N. Y.

43 A.D.2d 295 (1974)

Lawrence LaBriola, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim Nos. 48849 and 49472.)

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

January 24, 1974.

Attorney(s) appearing for the Case

Koback & Chase (Julius Sackman of counsel), for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs, Ruth Kessler Toch and Emil Woldar of counsel), for respondent-appellant.

GREENBLOTT, J., dissents in part and votes to remit for appropriate findings.

KANE, J.

These are cross appeals from a judgment in favor of claimant, entered January 20, 1971, upon a decision of the Court of Claims.

Claimant was the owner of 23.565 acres of land on the north side of Route 22 in the Town of North Castle, Westchester County. This property, divided into three differently zoned areas, had an 1,100-foot frontage along Route 22 and was zoned for use as a roadside business...

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