CHOO CHOO CAFE, INC. v. STATE


110 A.D.2d 996 (1985)

Choo Choo Cafe, Inc., Respondent, v. State of New York, Appellant. (Claim No. 66354.)

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

April 25, 1985


The judgment should be affirmed for the reasons stated in the opinion of Judge Thomas J. Lowery, Jr., of the Court of Claims. The uncontradicted testimony of claimant's president supports the application of the doctrine of condemnation blight in determining the highest and best use of the appropriated property to be as a full-service restaurant (see, City of Buffalo v Clement Co., 28 N.Y.2d 241, 254, 257-258; Matter of...

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