SCUDDER v. STATE


53 A.D.2d 1032 (1976)

Gilbert D. Scudder, as Executor of David M. Scudder, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent

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

July 12, 1976


Judgment unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

The State appeals and claimant cross-appeals from a judgment of the Court of Claims which awarded claimant $14,315 plus interest for a total amount of $17,092.11 in damages for the permanent appropriation of a part of claimant's farm. The State contests the awarding of $100 per acre in consequential damages to 43.738 acres of river flatland tillable...

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