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WERTHEIMER v. STATE

231 A.D.2d 897 (1996)

647 N.Y.S.2d 620

Albert L. Wertheimer, as Executor of Albert Wertheimer, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 77905.)

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

September 27, 1996

Judgment unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: In 1987 the State of New York appropriated .120 acres of land in fee and an additional .086 acres for a permanent easement. Prior to the appropriation, claimant owned 233.046 acres of land along State Route 3 in the Town of Rutland, Jefferson County. The Court of Claims awarded $8,488, plus interest, to claimant as...

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