MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers

Memorandum. The order should be affirmed, with costs, upon the opinion at the Appellate Division. As that opinion demonstrates, the record makes it clear that the appellant carried on no quarrying operations in parcels B and 0 since it acquired those properties more than 40 years ago. And, contrary to the intimations in the dissenting opinion, the appellant, as the Appellate Division pointed out, offered no proof either (1) “ as to the financial loss it may suffer ” (23 A D 2d, p. 342); (2) or “ as to the value of the land in parcels B and C which * * * are apparently good residential…