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VAN DUSSEN-STORTO, INC. v. STATE

69 A.D.2d 982 (1979)

Van Dussen-Storto, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 53527.)

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

April 6, 1979

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

Memorandum:

Claimant has a 50-year leasehold interest in 3.585 acres of real estate which has a frontage of 319.29 feet on Jefferson Road in the Town of Pittsford, Monroe County. The State appropriated for highway purposes that frontage to a depth of about 37½ feet and took a temporary easement on an adjacent 14 feet in depth. The taking caused a loss of parking...

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