Appellate Division of the Supreme Court of New York, 1959

Sebastian v. State

Sebastian v. State
Appellate Division of the Supreme Court of New York · Decided April 29, 1959
8 A.D.2d 689; 185 N.Y.S.2d 692; 1959 N.Y. App. Div. LEXIS 8862
Sebastian v. State

Opinion of the Court

Judgment modified on the facts by increasing the award to the sum of $30,500, with interest, and as modified affirmed, with costs to the claimants. Certain findings of fact and conclusion of law modified. Memorandum: We find the award inadequate. (See Messina v. State of New York, 2 A D 2d 802.) All concur, except Williams, J., who dissents and votes for affirmance. (Appeal by claimants from a judgment of the Court of Claims for claimant on a claim for damages for permanent appropriation of realty.) Present — McCurn, P. J., Kimball, Williams, Bastow and Halpern, JJ.

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