TOWN OF NEW WINDSOR v. STATE


108 A.D.2d 851 (1985)

Town of New Windsor, Appellant-Respondent, v. State of New York et al., Respondents-Appellants. (Claim No. 63183.)

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

February 19, 1985


Judgment affirmed, without costs or disbursements.

On these cross appeals, claimant asserts that the judgment is erroneous, on the law and the facts, and should be increased to the principal sum of $5,664,950. The State of New York and the Metropolitan Transportation Authority cross-appeal on the ground that no award should have been granted, the taking allegedly being noncompensable.

The evidence does not warrant an award of damages other than the $44,500...

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