CHIESA v. STATE OF NEW YORK


36 N.Y.2d 21 (1974)

Catherine Chiesa, Respondent, v. State of New York, Appellant. (Claim No. 52427.)

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas L. Manley and Ruth Kessler Toch of counsel), for appellant.

Leonard H. Warren for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER, RABIN and STEVENS concur with Judge GABRIELLI; Judge JASEN dissents and votes to reverse in a separate opinion.


GABRIELLI, J.

The sole issue presented by the State's appeal may be phrased as follows: When there is a partial taking of real property through the State's exercise of its power of eminent domain, may special and general benefits accruing to the remaining land be used to offset the direct damages attributable to the land actually taken by the State?

On February 9, 1970, the State appropriated approximately...

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