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CLUB ST. AGNELLO v. STATE

68 A.D.2d 264 (1979)

Club St. Agnello Abate of Amsterdam, New York, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent (Claim No. 59739.)

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

May 31, 1979

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Dennis Hurley and Shirley Adelson Siegel of counsel), for appellant-respondent.

Vicinanzo & Wollman (Vincent E. Vicinanzo of counsel), for respondent-appellant.

MAHONEY, P. J., KANE, STALEY, JR., and HERLIHY, JJ., concur.

SWEENEY, J.

Claimant's property was appropriated on September 8, 1975. The Court of Claims found that the structure on the property in question was "designed, constructed and specially used for and as a social club". There is ample support for this finding in the record. Based on the testimony of the claimant's appraiser and the State's appraiser, the court also found that the highest and best use of the subject...

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