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WESLEY HILLS CTR., LLC v. STATE OF NEW YORK

Claim No. 125356. 2018-14206.

202 A.D.3d 888 (2022)

158 N.Y.S.3d 892

2022 NY Slip Op 00904

Wesley Hills Center, LLC, Respondent, v. State of New York, Appellant.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and David S. Frankel of counsel), for appellant.

Michael M. Fufidio , Kings Park, NY, for respondent.

Chambers, J.P., Miller, Genovesi and Dowling, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendant, State of New York, took by eminent domain a piece of land, measuring 6,026 square feet, along the frontage of Route 306 in the Village of Wesley Hills in Rockland County. This land was part of a shopping center owned by the claimant, Wesley Hills Center, LLC (hereinafter Wesley Hills). The taking resulted in nonconformities in parking spaces and the loss of a landscape buffer...

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