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MATTER OF TROJAN SERV. STATIONS, INC. v. LEVITT

44 A.D.2d 642 (1974)

In the Matter of Trojan Service Stations, Inc., et al., Respondents, v. Arthur Levitt, as Comptroller of The State of New York, Appellant

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

March 28, 1974

The relevant facts are undisputed. On August 19, 1969 the State appropriated in fee certain lands in the City of Watervliet owned by Trojan Service Stations, Inc., leased to Mintzer Petroleum Corporation and sublet to Harold Beckert. Trojan filed a notice of claim against the State on October 15, 1969 seeking damages for the appropriation. Prior to trial, however, on July 31, 1970, Trojan entered into a partial payment agreement with the Department of Transportation pursuant...

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