CENTEREACH CAR CARE CENTER, LTD. v. STATE OF NEW YORK


271 A.D.2d 391 (2000)

705 N.Y.S.2d 634

CENTEREACH CAR CARE CENTER, LTD., Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided April 3, 2000.


Ordered that the judgment is affirmed, with costs.

This claim arises from the taking by the defendant, State of New York (hereinafter the State), of a temporary easement on the claimant's property for grading purposes. The property consisted of an auto repair and service station and a gasoline station composed of two underground tanks and a pump island with three pumps. The property was not zoned for use as a gas station, but the claimant had a permit to operate it...

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