MIL-PINE PLAZA v. STATE OF N.Y.


48 A.D.2d 532 (1975)

Mil-Pine Plaza, Inc., Appellant, v. State of New York, Respondent. (Claim No. 51314.)

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

July 18, 1975


Attorney(s) appearing for the Case

Gellman & Gellman (Philip S. Gellman of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for respondent.

MARSH, P. J., MOULE, MAHONEY and DEL VECCHIO, JJ., concur.


SIMONS, J.

Claimant is the owner of 7.185 acres of real property located at the intersection of Pine Avenue and Military Road in the City of Niagara Falls, New York. The property is developed as a shopping center containing nine stores with parking facilities for over 500 cars. On February 18, 1966 the State appropriated 8,720 square feet of land for highway purposes. The appropriation consisted of two strips...

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