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HORN v. STATE

45 A.D.2d 799 (1974)

John Horn, Respondent, v. State of New York, Appellant. (Claim No. 50378.)

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

June 27, 1974

On a prior appeal we reversed a judgment in favor of claimant and ordered a new trial on the ground that there was no proper foundation for the award (38 A.D.2d 766). The essential facts are set forth at length in the memorandum decision upon that appeal and will not be repeated. We held there that claimant's damages should not be limited to the $125 purchase price paid by claimant as the sale to claimant did not constitute an arm's length...

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