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GYRODYNE COMPANY OF AMERICA, INC. v. STATE OF NEW YORK

2010-08950, 2011-02295, 2011-02298.

89 A.D.3d 988 (2011)

933 N.Y.S.2d 375

2011 NY Slip Op 8562

GYRODYNE COMPANY OF AMERICA, INC., Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided November 22, 2011.

Ordered that the appeal from the order is dismissed, as the order was superseded by the money judgment dated February 9, 2011; and it is further,

Ordered that the judgment and the money judgment are affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

The measure of damages in a case involving the partial taking of real property is the difference between the value of the entirety of the premises before the taking...

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