MATTER OF SMYLES v. STATE OF NEW YORK


295 A.D.2d 437 (2002)

743 N.Y.S.2d 742

In the Matter of ARTHUR SMYLES et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 91871.)

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

Decided June 10, 2002.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the matter is remitted to the Court of Claims for a determination consistent herewith.

Prior to the commencement of the trial, the claimants and the State submitted appraisal reports. The State then moved to strike the claimants' appraisal report on the ground that most of the comparable leases and sales contained in the claimants' report did not indicate...

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