FOOTHILLS CORP., INC. v. STATE


50 A.D.2d 986 (1975)

Foothills Corporation, Inc., et al., Respondents, v. State of New York, Appellant. (Claim No. 53451.)

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

December 18, 1975


The State's appeal is limited to the court's rejection of the cost to cure approach and the award of $106,150 as consequential damage to the buildings. The award of $9,850 representing direct damages is not disputed. Part of the controversy arises from the fact that the taking included land on which claimants' equipment was demonstrated and tested for their customers. The State's appraiser testified that, in his opinion, the test track could be replaced within the remaining...

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