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DANN v. STATE

44 A.D.2d 891 (1974)

Robert M. Dann et al., Respondents, v. State of New York, Appellant. (Claim No. 50480.)

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

May 23, 1974

Judgment unanimously modified, on the law and facts, in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

When this case was previously before us (40 A.D.2d 578) it was unanimously modified and a new trial ordered as to damages from a partial taking of the "main unit" alone. Now that a second trial has been had, we find ourselves still confronted with the problem that necessitated modifying...

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