WHOLESALE MEAT DEALERS v. STATE OF N. Y.


45 A.D.2d 14 (1974)

Wholesale Cooperative Meat Dealers Association, Inc., Respondent, v. State of New York, Appellant. (Claim No. 51082.)

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

May 30, 1974.


Attorney(s) appearing for the Case

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

Morris B. Swartz (William L. Allen, Jr., of counsel), for respondent.

MARSH, P. J., MOULE, GOLDMAN and DEL VECCHIO, JJ., concur.


SIMONS, J.

The Court of Claims improperly valued claimant's entire tract of land with a 100% increment by reason of its nonconforming use. The case should be remitted for further evidence and to recompute direct and consequential damages to land.

Claimant owned 7.360 ± acres of land upon which it operated a Kosher and non-Kosher slaughterhouse. The buildings were located on a 1.969 ± acre improved...

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