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DITTMER v. STATE

140 A.D.2d 663 (1988)

Henry R. Dittmer, Respondent, v. State of New York, Appellant

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

May 31, 1988

Ordered that the judgment is affirmed, with costs.

The defendant challenges the determination that the highest and best use to which the subject real property could have been put prior to the appropriation of a portion of the property was for commercial purposes. In this regard, the defendant claimed that a determination by the Court of Claims in 1973 which dealt with the same parcel was law of the case (see, Giacobbe v State of New York, Ct Cl, Apr...

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