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YONKERS REALTY ASSOCS. v. STATE

52 A.D.2d 1014 (1976)

Yonkers Realty Associates, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claims Nos. 54102, 54106.) Anthony A. Castellano et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 54477.)

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

May 27, 1976

The judgments should be modified by reversal and remittance insofar as it awarded interest and, as so modified, affirmed. While it is true that the procedure utilized by the Court of Claims in determining the loss to the owner and subtracting that sum from the total damage to arrive at the damage to the leasehold was not technically correct (Arlen of Nanuet v State of New York, 26 N.Y.2d 346

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