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B & B FOOD CORP. v. STATE

96 A.D.2d 893 (1983)

B & B Food Corp., Respondent, v. State of New York, Appellant. (Claim No. 63080.)

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

August 22, 1983

Judgment affirmed, without costs or disbursements.

The Court of Claims was correct in refusing to limit damages, as proposed by the State, based upon the claimant's failure to accept a deed to a parcel of land contiguous to the subject property, which deed was offered to the claimant by the State subsequent to the appropriation of its property. A claimant's right to compensation for property appropriated is to be measured...

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