Benz v. New York State Thruway Authority

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was pre*807sented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether plaintiff was deprived of just compensation in violation of the due process clause of the Fourteenth Amendment. The Court of Appeals held there was no such deprivation or violation. [See 9 N Y 2d 486.]