JONES v. STATE


45 A.D.2d 927 (1974)

Clayton M. Jones, Jr., Respondent, v. State of New York, Appellant. (Claim No. 52700.)

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

July 5, 1974


Judgment unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

The court erred in awarding $.31 per square foot for both parcels. The larger parcel was zoned commercial, but the smaller parcel was zoned residential at the time of the taking. However, claimant acquired parcels on each side of his 60-foot lot before the appropriation, thus indicating that there existed a reasonable probability of an imminent...

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