WAXMAN v. STATE


57 A.D.2d 244 (1977)

Harry Waxman, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim Nos. 50730 and 50731.)

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

May 12, 1977


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for appellant-respondent.

Axenfeld, Webb, Marshall & Scolaro (Charles S. Webb of counsel), for respondent-appellant.

GREENBLOTT, J. P., KANE and MAIN, JJ., concur with MAHONEY, J.; HERLIHY, J., concurs in part and dissents in part in a separate opinion.


MAHONEY, J.

At the time of the taking, March 2, 1967, the claimant owned a 323-acre tract of land in Westchester County. He had purchased the land piecemeal between 1963 and 1966 at a total cost of $280,000. The bulk of the tract had originally been a grand estate, including on its eastern portion a large brick residence, attendant garages and greenhouses, a lesser house, and a lake. Other than the area immediately...

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