CITY OF NEW YORK v. STATE


49 A.D.2d 659 (1975)

City of New York, Respondent, v. State of New York, Appellant. (Claim No. 52284.)

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

July 24, 1975


It is not disputed that the claimant is entitled to "just compensation" for the property taken pursuant to section 3 of the General Municipal Law. The State urges, however, that since the improvement in the form of bridge structures is inconsistent with the conceded highest and best use of the land such improvements have no value as a matter of law (Acme Theatres v State of New York, 26 N.Y.2d 385), or alternatively, if value is...

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