CADWALLADER v. STATE


210 A.D.2d 885 (1994)

621 N.Y.S.2d 1013

John F. Cadwallader, Respondent, v. State of New York, Appellant. (Claim No. 84866.)

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

December 23, 1994


Judgment unanimously affirmed with costs.

Memorandum:

We affirm for reasons stated in the decision at the Court of Claims (Hanifin, J.). We add only that the argument advanced by the State for the first time on appeal, that the award to claimant should be reduced to approximately $78,000, reflecting a recent sale of the property plus 3% per annum for inflation from the date of sale to the date of appropriation, is not properly before us (see, Lippes...

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