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ARTHUR C. MILSAP ET AL. v. STATE NEW YORK (07/08/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


July 8, 1969

ARTHUR C. MILSAP ET AL., APPELLANTS,
v.
STATE OF NEW YORK, RESPONDENT

Appeal from a judgment of the Court of Claims in a highway appropriation case, which was previously remitted by us for appropriate findings (see 32 A.D.2d 586, in which the essential facts appear) in accordance with which a supplemental decision of the Court of Claims has been filed.

Reynolds, J. P., Staley, Jr., Cooke and Greenblott, JJ., concur in memorandum per Curiam ; Aulisi, J., not voting.

Author: Per Curiam

The resulting award of $7,371 has adequate support in the record. While the after value of $53,499 is still substantially greater than any after value testified to, analysis of the decision in light of the factual findings now supplied adequately explains how the court arrived at this figure, the other components of the award being within the range of expert testimony.

Disposition

Judgment affirmed, with costs.

19690708

© 1998 VersusLaw Inc.



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