WHEATFIELD PROPS. CO. v. STATE


55 A.D.2d 1040 (1977)

Wheatfield Properties Co., Respondent, v. State of New York, Appellant. (Claim No. 53985.)

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

January 21, 1977


Judgment unanimously reversed, on the law and facts, without costs, and a new trial granted.

Memorandum:

This is an appeal by the State of New York from a judgment of the Court of Claims in favor of claimant, Wheatfield Properties Co., in the sum of $637,548. The award was for direct damages occasioned by the appropriation for highway purposes by the State on March 17, 1970 of 73.868 acres of claimant's real property located principally in the Town of Wheatfield...

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