MATTER OF HERRICKS FORE PLAN, INC. v. STATE


58 A.D.3d 904 (2009)

870 N.Y.S.2d 173

In the Matter of HERRICKS FORE PLAN, INC., Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

January 8, 2009.


KAVANAGH, J.

Petitioner is the long-term lessee of a commercial retail property that has multiple tenants and is located in the Town of North Hempstead, Nassau County. In May 2002, a portion of this property was partially taken by respondent in connection with a highway project. Thereafter, petitioner filed a claim for compensation for the partial taking.1 In July 2006, petitioner and respondent...

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