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CITY OF YONKERS v. STATE

40 N.Y.2d 408 (1976)

City of Yonkers, Respondent, v. State of New York, Appellant. (Claim No. 52716.)

Court of Appeals of the State of New York.

Decided July 8, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs, Ruth Kessler Toch and Joseph A. Romano of counsel), for appellant.

Eugene J. Fox, Corporation Counsel (George P. Forbes, Jr., of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JONES; Judge COOKE dissents in part and votes to modify in a separate opinion.

JONES, J.

The question before us is whether on the record in this case an award of consequential damages for a partial taking of property which served as a public high school campus may be sustained.

Incident to the widening of Central Park Avenue through the City of Yonkers, on September 12, 1968 the State appropriated in fee and for permanent and temporary easements portions of property owned by the...

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