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MARINE MIDLAND v. STATE

118 Misc.2d 472 (1983)

Marine Midland Bank, N. A., Claimant, v. State of New York, Defendant. (Claim No. 64903.)

Court of Claims.

March 18, 1983

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander C. Cordes of counsel), for claimant. Robert Abrams, Attorney-General (William R. Crowe of counsel), for defendant.

JEREMIAH J. MORIARTY, J.

On June 2, 1980, pursuant to the EDPL and section 30 of the Highway Law, the State of New York appropriated a portion of claimant's real property, located in the Town of Amherst, Erie County. Upon the trial of the claim based upon the appropriation, claimant raised the issue of the proper prejudgment interest rate to be applied to the award made herein. It is claimant's position that the 6% statutory rate, pursuant to section...

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