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LA BRIOLA v. STATE OF N. Y.

36 N.Y.2d 328 (1975)

Carmen La Briola, as Executor of Lawrence La Briola, Deceased, Respondent, v. State of New York, Appellant. (Claim Nos. 48849, 49472.)

Court of Appeals of the State of New York.

Decided March 24, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs, Ruth Kessler Toch and Joseph A. Romano of counsel), for appellant.

Julius L. Sackman for respondent.

Judges JASEN, JONES and FUCHSBERG concur with Chief Judge BREITEL; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge WACHTLER concurs; Judge COOKE taking no part.

Chief Judge BREITEL.

In an eminent domain appropriation proceeding in connection with the relocation of a highway, the State of New York appeals. Claimant's property had previously fronted on the old highway and, although only partially developed, was zoned for retail business. After the highway's relocation, which entailed permanent appropriation of only a small fraction...

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