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CASTELLANO v. STATE

43 N.Y.2d 909 (1978)

Anthony A. Castellano et al., Appellants, v. State of New York et al., Respondents. (Claim No. 54477.)

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Morton N. Wekstein for appellants.

L. Victor Vaccaro for Yonkers Realty Associates, respondent.

Louis J. Lefkowitz, Attorney-General (Vernon Stuart and Ruth Kessler Toch of counsel), for State of New York, respondent.

Judges GABRIELLI, JONES, WACHTLER and COOKE concur in Per Curiam opinion; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges JASEN and FUCHSBERG concur.

Per Curiam.

In June, 1970, pursuant to sections 30 and 349-c of the Highway Law, the State appropriated a portion of two adjacent parcels in the City of Yonkers in Westchester County. Parcel I was owned in fee by claimants Castellano and leased to Yonkers Realty Associates. The latter owned Parcel II. A building housing an S. Klein Department Store straddled the two parcels. Following the taking: claimants Castellano...

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