DANN v. STATE


36 N.Y.2d 858 (1975)

Robert M. Dann et al., Appellants, v. State of New York, Respondent. (Claim No. 50480.)

Court of Appeals of the State of New York.

Decided May 13, 1975.


Attorney(s) appearing for the Case

John B. Carroll for appellants.

Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion; Judge GABRIELLI taking no part.


Per Curiam.

The order of the Appellate Division should be reversed and the judgment of the Court of Claims, which followed a retrial in this eminent domain proceeding, should be reinstated.

At the root of the issues in this proceeding is the diversity in the land and its uses in the so-called main unit of the two tracts largely devoted to a commercial dairy with an ancillary retail use and residential housing used for dairy employees. Contrary to the...

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