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MIL-PINE PLAZA v. STATE

72 A.D.2d 460 (1980)

Mil-Pine Plaza, Inc., Appellant, v. State of New York, Respondent. (Claim No. 51314.)

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

February 20, 1980

Attorney(s) appearing for the Case

Gellman & Gellman (Philip S. Gellman of counsel), for appellant.

Robert Abrams, Attorney-General (Vernon Stuart and Jeremiah Jochnowitz of counsel), for respondent.

SIMONS, J. P., SCHNEPP, CALLAHAN and WITMER, JJ., concur.

MOULE, J.

In 1966 the State appropriated 8,270 square feet of claimant's land. The appropriated land consisted of two perpendicular strips, abutting Military Road and Pine Avenue in Niagara Falls and meeting at the intersection of those roads. After the first trial of this claim, the court awarded claimant a total of $29,216 in direct damages, based upon its assessment of the value of the land taken at $2.50...

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