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PIETRA v. STATE

125 A.D.2d 936 (1986)

Anthony Della Pietra et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 62334.)

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

December 19, 1986

Judgment modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Court of Claims for further proceedings, in accordance with the following memorandum: Claimant B-T Productions, Inc. operated a dinner theater in East Rochester, New York, which opened in December 1974 and showed a profit of $30,000 the first year. The business was highly successful, necessitating an addition in 1975 to permit seating...

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