Legal Opinion

Barber & Bennett, Inc. v. State

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1970No. Claim No. 45699PublishedCited by 4 opinions

1Opinion of the CourtHerlihy, P. J.

The parties appeal from a judgment awarding $1,014,096.81 plus interest as damages for a partial taking of claimant’s property for highway purposes.

The claimant operated a feed mill business upon the premises with which we are here concerned. The improvements consisted of a three-story brick and frame warehouse erected in 1903 and subsequently adapted by the claimant to its business, and a complex of eight concrete silos with wooden storage cribs, added in 1956. In 1965, the State appropriated about one half of the claimant’s land in fee, and took a temporary easement over the remaining…

2Cited by4 opinions

  1. Long Island Lighting Co. v. Assessor for BrookhavenAppellate Division of the Supreme Court of the State of New York · 1994
  2. Congregation of the Sons of Israel v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  3. Consolidated Edison Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Universal Empire Industries, Inc. v. StateNew York Court of Claims · 1990

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